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HAMPSTEAD · PERMANENT-RESIDENCE PLANNING

Checking a brochure that calls both routes refundable

USAvisa field guide · 3 minute read Reviewed 7 September 2026

Read the general immigrant investor briefing overview

THE SHORT ANSWER

A brochure that treats EB-5 and Gold Card as interchangeable refundable investments hides essential differences. EB-5 capital must be at risk; examine any proposed refund condition separately from promises of commercial repayment or immigration approval. The official Gold Card FAQ describes a gift after successful vetting and a nonrefundable processing fee. Obtain the actual terms before interpreting a marketing promise as protection for your money.

01

Ask for the documents that actually govern the money

Collect the subscription agreement, offering documents, escrow instructions and any refund or redemption clauses. Identify who owes any repayment, what triggers it, and what resources would support it. Ask qualified advisers to assess both enforceability and compatibility with immigration requirements. A condition addressing a denied petition needs its own review; it should not be confused with a guaranteed investment return. Record discrepancies between the brochure and the contracts and obtain a written explanation. No seller can guarantee the government's immigration decision.

02

Read the EB-5 requirements against the offering

EB-5 requires capital placed at risk, a lawful source and a documented path of funds, and qualifying job creation. Hypothetical example: the brochure says principal is returned in year five, while the offering memorandum describes a loan whose repayment is subordinated and contingent on the project's performance. The gap between those two statements is the finding, and it belongs to both an immigration reviewer and an independent financial adviser. Keep the project's commercial case separate from the evidence your file must contain, because an attractive forecast does not fill an evidentiary gap or settle an immigration question.

03

Read the Gold Card description as written

The official FAQ describes a gift after vetting, followed by permanent residence through EB-1 or EB-2 subject to eligibility, admissibility and visa availability. Included family members have their own steps and costs. Check the current government instructions before payment. Neither route automatically grants residence or citizenship. For household budgeting, distinguish the Gold Card gift from EB-5 capital whose recovery depends on the actual investment terms, applicable requirements and commercial risk.

04

Two structures, two record sets — do not read one through the other

The paperwork behind these routes has almost nothing in common, and comparing them through a single brochure guarantees confusion. On the EB-5 side the governing records are securities and corporate documents: an offering memorandum with its risk factors, a subscription agreement, the operating or partnership agreement with its distribution provisions, escrow instructions, and the loan documents between the enterprise and the job-creating entity. On the Gold Card side the records are a sponsorship or payment arrangement together with the official instructions in force, with a processing fee described as nonrefundable and a payment made by the applicant or the sponsor rather than capital invested in a business that might return it. Request each set separately and read each on its own terms. A refund clause means one thing in a subscription agreement; the same word means something else where no investment was made at all.

SOURCE NOTES

Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.

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