Compare EB-5 shared positions with Gold Card family commitments

Read the general immigrant investor briefing overview

THE SHORT ANSWER

EB-5 qualifying positions and Gold Card named people are different units; neither should be inflated or combined for convenience.

Prepare a position roster and a household roster separately

The EB-5 proposal needs an account of jobs; the Gold Card proposal needs an account of named applicants and intended joining family. Do not turn either into a convenient headcount total. On the employment roster, identify duties, permanent positions, weekly hours and the actual people covering them. On the household roster, identify the eligible spouse and unmarried children under 21, intended timing and unresolved plans. The two records answer different questions even if a family member hopes to work in the enterprise later.

Check the shared-position claim before using it in the EB-5 plan

Two qualifying employees may share one permanent full-time position; that arrangement is not automatically two jobs. Separate part-time positions cannot simply be added together as though they were the same shared position. Direct full-time positions require at least 35 weekly hours, and the count excludes contractors, nonimmigrants, the investor, spouse, sons and daughters. Establish at least ten qualifying permanent full-time jobs per investor under the actual direct or regional-center method. Preserve schedules and employment evidence that describe the arrangement rather than designing a new label after adding the hours.

Keep the capital assessment alongside the staffing plan

A shared schedule does not lower EB-5 capital: currently US$1,050,000, or US$800,000 for a qualifying TEA or infrastructure project, with statutory adjustments from January 1, 2027. Establish lawful at-risk funds and managerial or policy-formulation participation. Gifts and loans require lawful-source evidence and good-faith, noncircumvention terms. Contractual repayment rights and guaranteed returns are excluded. The narrow enterprise-only discretionary option still requires petition withdrawal on exercise unless sustainment and the other statutory requirements are fulfilled. Payroll evidence cannot repair an incompatible capital agreement.

Attach the Gold Card budget to the actual joining people

Current processing is US$15,000 nonrefundable per person. After vetting and instructions, the gift is US$1 million for an individual principal or US$2 million per corporate-sponsored employee. Each eligible joining family member adds US$1 million and processing, including corporate cases; initial inclusion is recommended. Corporate obligations include 1% annual maintenance and 5% transfer with a new background check; replacement approval is not automatic. If a school plan changes, revisit the actual instructions instead of promising an identical later process. Gold Card remains an EB-1 or EB-2 assessment subject to eligibility, admissibility and visa availability. EB-5 has the separate conditional-residence start at immigrant admission or adjustment approval, with I-829 generally in the 90 days before its second anniversary. Employment, gifts or petition approval alone confer neither present residence nor work permission.

KEEP EXPLORING

What else is on your mind?

Does an EB-5 immigration review tell me whether an investment is good?Is the Gold Card another name for EB-5?Should I assume one Gold Card payment covers my family?

SOURCE NOTES

Editorial source review: 2026-09-08. General preparation guidance, not an individual assessment.