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MORINVILLE · Different capital destinations

Compare business-sale proceeds with corporate Gold Card sponsorship

USAvisa field guide · 3 minute readReviewed 7 September 2026

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THE SHORT ANSWER

An EB-5 contribution from sale proceeds and a corporate Gold Card gift establish different facts and obligations.

01

Separate the seller’s money from the employee’s application

Begin with two named proposals: the person investing business-sale proceeds and the employee proposed for corporate Gold Card sponsorship. Record who owns the sale proceeds and when instalments actually arrive. Do not use the sale price as though it were all received, or a company’s sponsorship budget as though it identified an approved employee. If the employee leaves, preserve the original identity history and obtain current instructions for the changed proposal; do not silently substitute the replacement in receipts.

02

Turn the received proceeds into an EB-5 evidence account

Reconcile each receipt, deduction and transfer into the enterprise. The filing must establish US$1,050,000, or US$800,000 for a qualifying targeted employment area or infrastructure project; statutory adjustments start January 1, 2027. Lawful capital must remain at risk under the applicable rules, with at least ten qualifying permanent full-time jobs per investor and managerial or policy-formulation participation. Choose the actual direct or regional-center method. Direct jobs require at least 35 hours weekly and exclude contractors, nonimmigrants, and the investor, spouse, sons or daughters. An expected sale payment does not supply a missing completed contribution.

03

Compare contractual rights with the corporate gift terms

For the EB-5 proposal, read the enterprise agreement separately from the original business-sale contract. Gifted or borrowed funding needs lawful-source evidence and a good-faith arrangement that does not circumvent capital-source restrictions. A contractual repayment entitlement or guaranteed return is excluded. The narrow option exercisable only by the enterprise has a consequence on exercise: petition withdrawal unless sustainment and the other statutory requirements are fulfilled. Gold Card uses a government gift, not those enterprise rights. Its published processing is US$15,000 nonrefundable per person; after vetting and instructions the principal gift is US$2 million per corporate-sponsored employee, or US$1 million for an individual principal. Each eligible joining spouse or unmarried child under 21 adds US$1 million plus processing; initial inclusion is recommended. Corporate maintenance is 1% annually and transfer is 5% with a new background check, not automatic replacement approval.

04

Give each proposal its own decision calendar

The seller’s remaining instalments, the corporation’s employee decision and the government’s immigration assessment are separate dependencies. For EB-5, immigrant admission or adjustment approval starts conditional residence; I-829 generally belongs in the 90-day window before its second anniversary. Gold Card instead proceeds through the applicable EB-1 or EB-2 assessment, including eligibility, admissibility and visa availability. Neither a sale receipt, sponsorship authorization nor petition approval alone gives present residence or permission to begin U.S. work. Assign responsibility for updating each timeline when the underlying event actually occurs.

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