IN THIS GUIDE · Preparing inherited funds for an EB-5 source-of-funds review
Start with the EB-5 eligibility and application overview
Distinguish expected inheritance from distributed funds
Identify what the estate has actually authorized and paid, what remains subject to administration and which obligations may reduce the distribution. Obtain advice on the estate documents and local process rather than assuming a beneficiary letter equals cash available now. Explain any installment schedule and preserve the records when amounts are received. Compare the will, probate or administration authority, executor correspondence and distribution statement. If an estate asset must be sold first, its closing record and net-proceeds calculation identify the amount that can actually move. Choosing a project before that sequence is settled can create a funding deadline that the estate cannot meet.
Trace the lawful origin and the path through the estate
The review should not stop at the applicant’s receiving account. Assemble the relevant estate, ownership and financial records to explain how the inherited funds were lawfully derived and moved. The exact supporting evidence depends on the facts and current requirements. A distribution confirmation may establish one step without explaining the underlying source. Build the history in layers: the decedent’s acquisition, the estate account, distribution authority, beneficiary receipt and investment transfer. Use statements that show dates, names and amounts. An unexplained bridge, such as a private account used only briefly, can require its own record rather than a narrative inference.
Match the funding plan to the chosen EB-5 structure
As of September 7, 2026, the standard capital amount is US$1,050,000, or US$800,000 for a qualifying targeted employment area or infrastructure investment. Recheck later filings because statutory adjustments begin in 2027. Source documentation does not resolve the separate at-risk investment and qualifying job-creation requirements. Review the actual project or standalone enterprise on those merits. Decide whether the project’s documents allow a commitment only after money is personally available, or whether its timing would require another lawful source. Capital must be placed at risk under the EB-5 rules and the plan must address qualifying job creation. Conditional permanent residence, if approved, is not the last evidence stage; later removal of conditions also depends on the statutory requirements.
Keep the estate calendar distinct from immigration
Distribution timing can change when funding is possible, but it does not determine petition adjudication, visa availability or family admission. Review any proposed commitment of capital before funds arrive, including its actual conditions. EB-5 is not a guaranteed return or a shortcut around individual admissibility; align the investment and immigration plans with the documented facts. Create two calendars: the estate process and the immigration process. Mark the earliest date funds are irrevocably available, any subscription or escrow deadline, and the record each date needs. A project may be commercially acceptable yet impractical if its funding schedule requires a distribution that remains contingent.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.