Skip to content
ST.-CHARLES · EB-5 FIELD GUIDE

Does a notice of expected inheritance establish available EB-5 capital?

Sources checked:

THE DIRECT ANSWER

Not by itself. Identify the investor’s actual entitlement, ownership and control and the qualifying investment arrangement.

Distinguish expectation from completed distribution

A St.-Charles applicant should show which assets or funds have actually been distributed and what conditions remain. Even a completed inheritance requires lawful-source, path, at-risk capital and project evidence; the estate notice cannot establish all those requirements.

The standard amount is one million and fifty thousand United States dollars, or eight hundred thousand where the enterprise is principally doing business in a qualifying targeted employment area or is an infrastructure project. How they may be counted depends on the structure: a directly operated enterprise generally relies on actual employees, while a regional-center investment may use permitted indirect methods based on economic modelling. Job creation is counted for qualifying U.S. workers and the ten is a floor rather than a target, calculated either directly or, in a regional-centre case, through an accepted economic methodology that the project must be willing to explain.