IN THIS GUIDE · EB-5 investment funded by a documented gift from a brother whose money came from several asset sales
Start with the EB-5 eligibility and application overview
Gifted capital and the qualifying amount
A gift is not disqualifying in itself. The capital must still be lawfully sourced and traced, and it must meet the qualifying amount: US$1,050,000 for a standard investment, or US$800,000 where the project sits in a targeted employment area or qualifies as infrastructure. Statutory adjustments begin January 1, 2027, so recheck the figure that applies when the petition is actually filed.
Documenting the donor's asset sales
Because the money originates with your brother, the record has to reach back to how your brother accumulated it. Several asset sales mean several files: proof of ownership, the sale agreements, settlement statements and the deposits that followed each closing. Prescribed historical tax records may also be requested, and it would be wrong to assume any fixed number of years never applies to a donor.
The path from your brother's account to the project
Lawful source answers where the money came from; lawful path answers how it travelled. A hypothetical transfer might move from a sale proceeds account to your brother's operating account, then to you, then to the project or an escrow. Each hop needs a statement and an instruction. If escrow is used, read the release conditions, because the capital must be genuinely at risk.
Gift terms, and who the petition actually covers
Document the actual gift terms; a repayment obligation needs analysis as such rather than concealment under a label. Funding confers no status on the donating brother. An eligible spouse and children follow their derivative processes. The project must also meet the requirement for at least ten qualifying jobs per investor, excluding the investor, spouse, and children; permitted methods differ between standalone and regional-center investment. Hypothetical example: Before investing, a shareholder in a solar-inverter assembly business sells an interest and receives installments. Only deposits already received are proposed for contribution. Compare the sale contract, payment timetable, bank entries, tax records, and wire history with the amount claimed. Future installments are not capital presently available, and a receipt from the project cannot fill a gap in the source trail. EB-5 admission initially gives the investor conditional permanent residence; removing conditions later requires the applicable proof concerning investment and job creation.
Trace the investor’s lawful rights and funds
Each investor generally must support at least ten qualifying permanent full-time jobs, normally requiring at least 35 hours weekly. Lawful source and path, risk and applicable sustainment and management or policy participation remain required, including qualifying limited-partner rights where applicable. The business plan should identify the qualifying job methodology, when the ten full-time positions are expected and which workers may count. Subscription documents, offering materials, business records and project budgets should be read together.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.