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STONY PLAIN · EB-5 FIELD GUIDE

Is money automatically acceptable EB-5 capital because a parent calls it a gift?

Sources checked:

THE DIRECT ANSWER

No. Establish lawful source and the genuine good-faith arrangement, without using the transfer to circumvent restrictions on permissible capital sources.

Read the family’s actual agreement

A signed gift letter may conflict with another repayment promise. Disclose the operative facts and obtain the appropriate assessment rather than selecting the most convenient label. The investment must also meet the current amount, risk, qualifying-job and participation requirements. Family generosity does not replace the investor’s individual capital showing.

An initial review should answer where the capital originated, how it will be placed into the chosen structure, what evidence supports the employment model, and whether the investor understands conditional residence. The capital must stay at risk for the period the law requires, the enterprise must create the required jobs, the investor must continue in management or policy formulation, and permanent residence carries its own obligations that extended absences can undermine. Engagement in management or policy formulation is satisfied by a genuine role, and in regional-centre investments it is customarily met through the rights attaching to a limited partnership interest rather than through daily work.