IN THIS GUIDE · Trace a parent’s gift through both the donor’s history and the investor’s commitment
Start with the EB-5 eligibility and application overview
Explain the gift and the donor’s lawful source
In a hypothetical plan, a parent sells an asset and transfers part of the proceeds to the applicant. Retain evidence of the parent’s ownership, the sale, distribution and bank transfers, together with the genuine gift terms. Identify whether repayment is expected instead of calling a loan a gift. A signed gift letter does not independently establish how the parent lawfully obtained the funds or why the applicant is entitled to use them. Gifted or borrowed funds must be provided in good faith and not used to circumvent restrictions on permissible capital, including proceeds of illegal activity.
Confirm the investment and participation conditions
The general EB-5 capital amount is US$1.05 million, reduced to US$800,000 for qualifying targeted employment area or infrastructure investments. Statutory adjustments start January 1, 2027; confirm the amount under the actual petition filing-date rules. Qualifying capital must be at risk and supported by lawful source and path. The investor must participate in management or policy formulation; qualifying limited-partner rights can satisfy the relevant condition. An investor petition is not simply proof that a gift reached a project.
Identify how the project supports each investor’s jobs
At least ten qualifying full-time jobs per investor must be established under the applicable methodology. Qualifying full-time employment generally involves at least 35 hours weekly, with the relevant rules distinguishing direct positions from permitted regional-center job evidence. The investor, spouse and sons or daughters are excluded as qualifying employees, and nonimmigrant work authorization does not make a worker qualify. Review the project and job model independently of the donor’s financial history.
Follow residence obligations after the capital transfer
The investor petition is followed by an immigrant visa or adjustment stage where eligible and visa availability permits. Approval of the petition alone is not residence or employment permission. After conditional residence begins, I-829 generally must be filed in the 90 days before its second anniversary; filing does not automatically remove conditions or guarantee repayment. Review spouse and unmarried-child eligibility, applicable CSPA protection and actual entry sequence before treating the gift date as the household’s moving milestone.
Engagement in management or policy formulation is still required
Job creation in regional-centre projects may be counted using economic models that include indirect jobs, but the ten-job requirement is per investor and depends on the project delivering. Ask which method the project uses, how many jobs it allocates to each investor, and how many investors it plans to admit. Where the property was held jointly, through a partnership or in an estate, each holder's entitlement has to be shown and the distribution to the investor traced. Engagement in management or policy formulation is still required and is commonly framed through the rights the investor holds under the partnership or operating agreement, so the governing documents deserve careful reading rather than a summary. A statutory exception concerns a buyback solely at the enterprise’s discretion; exercising that option requires petition withdrawal unless the applicable sustainment and other requirements have been fulfilled. Read the offering documents for how jobs are attributed to each investor, what happens if the project creates fewer than projected, and whether capital is redeployed after the job-creation period. Check the regional centre's designation and the project's approved documentation before relying on its job-creation claims. A project update may matter to job creation and sustainment even when it does not answer whether an immigrant visa is currently available or whether the investor is admissible.
Sources reviewed 2026-09-08. This guide covers a preparation focus; it is not an individual eligibility assessment.