Skip to content
STURGEON COUNTY · Rights and obligations

Compare EB-5 policy participation with a Gold Card budget

USAvisa field guide · 2 minute readReviewed 7 September 2026

Read the general immigrant investor briefing overview

THE SHORT ANSWER

An enterprise governance role and a government gift should not be described as interchangeable investments.

01

Read the enterprise agreement before naming the EB-5 role

Identify which decisions the investor can participate in and the actual governing provisions. EB-5 participation can be through day-to-day managerial control or policy formulation; do not invent an operating job when the proposal relies on policy rights. Read the exit provisions in the same agreement. A contractual repayment entitlement or guaranteed rate of return is excluded. The narrow exception for an option exercisable solely by the enterprise requires petition withdrawal on exercise unless sustainment and the other statutory requirements have been fulfilled. A marketing description should not displace those operative terms.

02

Build a capital-and-jobs record independent of the role title

The current capital amount is US$1,050,000, reduced to US$800,000 for a qualifying targeted employment area or infrastructure project; statutory adjustments begin January 1, 2027. Establish lawful at-risk capital, including lawful-source and good-faith, noncircumvention evidence for gifts or loans. At least ten qualifying permanent full-time jobs per investor must be established under the applicable direct or regional-center method. Direct positions require at least 35 hours a week and exclude contractors, nonimmigrants, the investor, spouse, sons and daughters. Policy participation does not reduce those requirements.

03

Keep the Gold Card government amounts out of an unexplained Canadian total

Create separate budget lines for official U.S.-dollar obligations, any exchange estimate and private costs. The published nonrefundable processing amount is US$15,000 per person. Following vetting and instructions, an individual principal gives US$1 million; corporate sponsorship uses US$2 million per employee. Each intended eligible joining spouse or unmarried child under 21 adds a US$1 million gift and processing, with initial inclusion recommended. Corporate terms add 1% annual maintenance and 5% transfer with a new background check, not automatic replacement approval. Do not imply that a conversion estimate is the official price, or that a private invoice proves government payment. Reconcile each actual record to its recipient and named person.

04

Record the event that controls the next action

An exchange quotation, signed governance agreement and immigration decision are different events. Preserve their actual dates. Gold Card’s applicable EB-1 or EB-2 result remains subject to eligibility, admissibility and visa availability; the government gift does not purchase the enterprise policy rights described in the EB-5 proposal. EB-5 conditional residence begins with immigrant admission or adjustment approval, and I-829 is generally filed during the 90 days before its second anniversary. Neither an earmarked budget, contribution nor petition approval alone establishes present residence or permission to start U.S. work.

A CONVERSATION IS A GOOD PLACE TO START.

WHAT’S YOUR
NEXT CHAPTER?

Tell us where you are today.
Let’s talk about where you want to go.

Book a free consultation Or call +1 587 415 4606