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STONY PLAIN · WHO RECEIVES THE MONEY

Distinguish a family-funded investment from the government gift

USAvisa field guide · 2 minute readReviewed 7 September 2026

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THE SHORT ANSWER

A Stony Plain applicant may use family funds for either route, but the recipient and legal purpose remain different. A parental gift to the applicant is not itself the Gold Card government gift or a completed EB-5 investment.

01

Trace the EB-5 contribution

Identify the actual funding agreement and lawful source, then follow the capital to the enterprise. Current EB-5 capital is US$1,050,000, or US$800,000 for a qualifying targeted employment area or infrastructure project; statutory adjustments begin January 1, 2027, so use the amount for the filing. Establish lawful at-risk capital, at least ten qualifying permanent full-time jobs per investor under the applicable direct or regional-center method, and managerial or policy-formulation participation. Direct positions require at least 35 hours weekly; contractors, nonimmigrants and the investor, spouse, sons or daughters are excluded from qualifying employees. Gifted or borrowed capital needs lawful-source evidence and a good-faith arrangement that does not circumvent restrictions on permissible capital sources. Contractual repayment rights and guaranteed rates of return are excluded. An option exercisable solely at the enterprise’s discretion has a narrow exception: its exercise requires petition withdrawal unless sustainment and the other statutory requirements have been fulfilled.

02

Identify the instructed government payment

Current official terms are US$15,000 nonrefundable processing per person, followed after successful vetting and instructions by a US$1 million individual-principal gift or US$2 million per corporate-sponsored employee. Each intended eligible joining spouse or unmarried child under 21 adds US$15,000 and a US$1 million gift, including corporately; initial inclusion is recommended. Corporate terms include 1% annual maintenance and 5% transfer with a new background check; a replacement employee is not automatically approved. The EB-1 or EB-2 result remains subject to eligibility, admissibility and visa availability. Preserve the actual post-vetting instructions and recipient; a private family transfer does not replace them. The government gift is not commercial capital with a promised repayment or yield.

03

Keep the family and residence stages separate

Petition approval or payment is not residence or present work permission. EB-5 conditional residence begins at immigrant admission or adjustment approval; I-829 is generally filed in the 90 days before its second anniversary. A funding parent does not become an EB-5 derivative merely by providing capital. Derivative relationships generally concern an eligible spouse and unmarried children under 21, subject to applicable age protection. Neither family funding nor a government payment promises immigration approval, investment success or a tax result.

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