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CARIGNAN · EB-5 FIELD GUIDE

Can family funding be called a gift if repayment is expected?

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THE DIRECT ANSWER

Describe the actual arrangement, including any obligation or condition. A convenient label cannot substitute for truthful terms and an assessment of whether the proposed capital qualifies.

Resolve the funding character before relying on it

The current general EB-5 amounts are US$1.05 million or US$800,000 for a qualifying reduced-threshold case. Reaching the number does not resolve source, ownership, risk or the project’s ten qualifying full-time jobs; do not assume a gift letter supplies all those elements.

USCIS accepts gifts as a source of EB-5 capital, and the regulations require only that the capital be the investor's own and lawfully obtained. Do not assume a newsletter total is a substitute for the applicable direct or regional-center methodology and the investor-specific showing. EB-5 capital must remain exposed to business risk, and the case must support ten qualifying full-time positions; residence is conditional before the I-829 process. A statement value may change before redemption and does not establish the later investment’s terms, source evidence or job creation. The capital must be invested in a new commercial enterprise, placed at risk without guaranteed return, and credited with at least ten full-time jobs for qualifying U.S. workers.