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KILLARNEY · PLANNING GUIDE

Compare evidence of project spending with evidence of a government payment

USAvisa field guide · 2 minute readReviewed 7 September 2026

Read the general immigrant investor briefing overview

THE SHORT ANSWER

A Killarney applicant comparing EB-5 and Gold Card should identify what each financial record proves. Construction expenditure concerns a business project; a government charge or gift belongs to a different process and cannot replace the project’s employment evidence.

01

Ask how expenditure becomes the claimed job evidence

EB-5 requires at least ten qualifying full-time jobs per investor under the applicable method. Direct employment generally involves positions requiring at least 35 working hours weekly; independent contractors are not direct qualifying employees, nor are the investor, spouse, sons or daughters or nonimmigrants. A labour invoice alone does not establish the relationship. Current capital is US$1,050,000 generally or US$800,000 for qualifying targeted employment area or infrastructure cases, with adjustments from January 1, 2027 based on petition filing date. Lawful at-risk capital and managerial or policy participation remain necessary.

02

Read the Gold Card charge and gift separately

Official processing is US$15,000 nonrefundable per person. After successful vetting and instructions, the gift is US$1 million for an individual principal or US$2 million per corporate-sponsored employee. An eligible included spouse or unmarried child under 21 adds US$1 million and US$15,000, also corporately, with initial inclusion recommended. Corporate terms add 1% annual maintenance and 5% transfer with a new background check; the replacement is not automatically approved. EB-1 or EB-2 eligibility, admissibility and visa availability remain.

03

Do not close the case when a receipt arrives

A gift provides no commercial equity or guaranteed citizenship, and an investor petition approval is not residence or work permission. Conditional residence begins on immigrant admission or adjustment approval. EB-5 I-829 generally is filed in the 90 days before conditional residence’s second anniversary; construction completion does not set that date. Capital carrying investor repayment rights or guaranteed rates of return is excluded, while the enterprise-discretion buyback exception requires petition withdrawal unless sustainment and the other requirements have been fulfilled. Payment and filing records should be used for the events they actually confirm. Filing I-829 does not itself remove conditions.

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