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ST.-CHARLES · PLANNING GUIDE

Distinguish inherited capital from money intended for a government gift

USAvisa field guide · 2 minute readReviewed 7 September 2026

Read the general immigrant investor briefing overview

THE SHORT ANSWER

A St.-Charles beneficiary may consider using an inheritance for EB-5 or Gold Card. First establish the funds actually available, then compare the two commitments. The same source of money does not make the legal or financial arrangements equivalent.

01

Build the EB-5 capital account from the actual distribution

Trace lawful source and path into qualifying capital owned and controlled by the investor and placed at risk. Current thresholds are US$1,050,000 or US$800,000 for qualifying targeted employment area or infrastructure cases, with statutory adjustments beginning January 1, 2027 based on petition filing date. Management or policy-formulation participation and at least ten qualifying full-time jobs per investor remain necessary. An estate valuation does not establish the investment.

02

Read Gold Card as a separate commitment

Official terms provide US$15,000 nonrefundable processing per person, followed after successful vetting and official instructions by a US$1 million individual-principal gift or US$2 million per corporate-sponsored employee principal. Each eligible included spouse or unmarried child under 21 adds US$1 million and US$15,000, including corporate cases. Corporate terms add 1% annual maintenance and 5% transfer with a new background check, not automatic replacement approval. EB-1 or EB-2 eligibility, admissibility and visa availability still apply.

03

Keep financial recovery separate from residence

The Gold gift supplies no commercial equity or promised return. EB-5 contractual investor repayment rights and guaranteed rates of return are excluded from qualifying capital; the enterprise-discretion buyback exception requires petition withdrawal unless sustainment and the other requirements have been fulfilled. 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. Neither an inheritance payment nor petition approval itself authorizes work or guarantees residence, repayment or citizenship. Filing I-829 does not itself remove conditions.

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