First determine whether the missed installment was needed for the qualifying contribution. If the required investment is already adequately funded, the buyer’s default does not automatically require an EB-5 top-up. If it creates a capital gap, counsel should assess replacement funds, timing and the effect on the filed case. Contractual recovery from the buyer is not guaranteed by the immigration process.
Covering a gap without breaking the paper trail
The replacement funds carry their own source-and-path burden, which is why a quick loan from a relative or a gift solves less than it seems: a gift still needs lawful source evidence for the giver. A sale to a related party is not universally prohibited, but the actual sale, ownership and payment evidence must support it. Record the true dates on which funds were received and moved; adjusting them to look tidier is not an option.
The threshold amount is the capital that must be placed at risk in the new commercial enterprise. Keep qualifying capital, government filing charges, project expenses, and household reserves apart. Families should also understand that the capital itself is required to be at risk, which means it is not a deposit and there is no guarantee of return.