Yes, the lawful source and path must be supported as required for the actual funds. A letter describes the gift but does not automatically establish where the money originated. As of September 7, 2026, the general EB-5 investment threshold is US$1,050,000, or US$800,000 for a qualifying targeted employment area or infrastructure project. Statutory adjustment begins January 1, 2027. At least ten qualifying full-time jobs per investor and capital placed at risk are also required under the applicable rules. The jobs must be for qualifying U.S. workers, and the investor must engage in management or policy formulation.
Connect the giver’s source with the applicant’s rights
Identify how the giver acquired the funds, what was transferred and any conditions. Keep records explaining the relevant transactions and intermediaries. Do not assume a family relationship removes the source inquiry or that a recipient account balance proves the entire path. The EB-5 investment and job-creation requirements remain separate.
A first assessment separates the investor’s lawful capital story from the project’s deployment and job-creation story. EB-5 capital must be at risk in the qualifying investment, and the applicable framework requires the required job creation; neither is proven by a marketing deck. Conditional residence, if obtained through the immigrant process, has a later condition-removal stage. Hypothetical example: a tidal-energy equipment owner plans to use sale proceeds from a company interest, but the sale agreement leaves part of the price contingent. The review should identify what funds were actually received, the tax and ownership records supporting the sale, and the exact investment terms. If any source step is undocumented, resolve it before transfer. The investor must decide whether the source-and-path record is complete enough for the actual capital amount, rather than assuming an expected future payment can be treated as invested now.