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FREDERICTON · RESTRICTED FUNDS

Restricted gift funds should remain a condition in the funding plan

USAvisa field guide · 2 minute readReviewed 7 September 2026
THE SHORT ANSWER

Money that is promised but subject to release conditions should not be presented as unrestricted capital. Identify who controls the release and the applicant’s legal rights. The same funding uncertainty may affect different programs, but EB-5 investment and a Gold Card government gift have distinct requirements.

01

Document the release condition rather than predicting it away

Hypothetical example: a relative signs a gift letter while the account holding part of the funds remains restricted. Record the restriction, responsible institution and documents requested. Keep any estimated release date clearly provisional. Do not create an unexplained transfer route to make the chronology appear complete.

02

Assess EB-5 using the actual source and path

EB-5 requires qualifying at-risk capital, lawful source and path, and qualifying job creation. Show the giver’s source, the applicant’s entitlement and the actual movements once permitted. The receiving project requires separate review; a lawful gift does not establish job creation or guarantee approval or a return.

03

Read the official Gold Card payment sequence separately

The official FAQ describes a nonrefundable processing fee and, after successful vetting, a gift to the U.S. government. Successful cases proceed through EB-1 or EB-2 subject to category eligibility, admissibility and visa availability. This is not an EB-5 investment or automatic residence or citizenship. Verify the current arrangement, charges and family steps without promising that the restriction will clear in time.

04

Compare the current investment and gift requirements

Use the EB-5 threshold applicable on the filing date. At the September 7, 2026 check, it was US$1,050,000 generally and US$800,000 for a qualifying targeted employment area or infrastructure project, with statutory adjustment beginning January 1, 2027. EB-5 capital must remain at risk and support at least ten full-time jobs for qualifying U.S. workers. Gold Card instead required a nonrefundable US$15,000 DHS processing fee per person and, after vetting, a US$1 million individual or US$2 million corporate principal gift. Each eligible joining spouse or unmarried child under 21 required another US$15,000 fee and US$1 million gift.

05

Keep the procedural obligations distinct

For EB-5, petition approval is followed by the applicable residence process, and Form I-829 is generally filed during the 90 days before the second anniversary of conditional residence. Gold Card corporate sponsorship instead carries the official maintenance and transfer terms, including a new background check on transfer; it does not automatically approve a replacement employee. Verify current State Department, medical, maintenance, and transfer charges for the actual case. Gold Card proceeds through EB-1 or EB-2 only if the applicant meets category eligibility, admissibility, and visa-availability requirements, and its government gift is not capital invested for a commercial return.

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