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NORTH FRONTENAC · RESIDENCE FUNDING

A company-approved payment still needs a clear recipient and purpose

USAvisa field guide · 4 minute readReviewed 7 September 2026
THE SHORT ANSWER

A board may authorize money for an investor or employee without establishing that the payment meets a particular immigration program’s requirements. Identify whose funds they are, the applicant’s rights and the intended recipient. EB-5 investment and an official Gold Card gift have different purposes and evidence. Hypothetical example: a laboratory-supply company founder has substantial liquidity and wants permanent residence but cannot decide whether to expose capital in a job-creating enterprise or make the Gold Card payment. The decision is not simply which amount is larger. EB-5 calls for at-risk capital and job evidence; the Gold Card describes a government gift and a separate EB-1 or EB-2 basis. Each requires different proof before funds move.

01

Read the authorization before treating funds as personal capital

Hypothetical example: a company approves funds described as immigration support, while the resolution does not say whether they are salary, a loan, a distribution or a corporate program payment. Clarify that basis with the appropriate advisers. Retain the authority, conditions and actual transfer path; a broad budget description should not replace the underlying legal arrangement. Place the two routes on separate evidence tracks. EB-5 asks how capital was lawfully obtained, how it will remain exposed to risk, and how required jobs arise. The Gold Card asks for the currently stated government gift and a viable EB-1 or EB-2 basis. The decision is whether either track is supported by primary evidence before a nonrecoverable financial event.

02

Assess an EB-5 contribution as invested capital

EB-5 requires qualifying capital at risk, lawful source and path, and qualifying job creation. Establish the investor’s rights to the funds and review the receiving investment independently. Company approval is not evidence that a project qualifies or that a return or immigration outcome is guaranteed. Identify administrative charges separately from the qualifying investment. For EB-5, examine the project documents, source-and-path records, job methodology, and the later conditional-residence evidence plan. The decision is whether the investor accepts commercial risk tied to the required job outcome, rather than whether an advertisement mentions a future exit. Capital protected by a repayment promise creates a different problem from ordinary business uncertainty.

03

Use the official Gold Card sequence for that proposal

The official FAQ describes a nonrefundable processing fee and, after successful vetting, a gift to the U.S. government. Successful cases proceed through EB-1 or EB-2 subject to category eligibility, admissibility and visa availability. This is not an EB-5 investment or automatic residence or citizenship. Check the applicable official arrangement, current charges and each included family member’s requirements before directing payment. For the Gold Card, preserve the official terms effective on the decision date and separate them from promotional summaries. The applicant makes the payment as a gift to the U.S. government; it is not a conventional visa fee for a returnable investment. The decision is whether the EB-1 or EB-2 theory, vetting record, and family terms are sufficient before the gift is contemplated.

04

Compare the current investment and gift requirements

As of September 7, 2026, the general EB-5 investment threshold is US$1,050,000, or US$800,000 for a qualifying targeted employment area or infrastructure project. Statutory adjustment begins January 1, 2027. EB-5 requires qualifying capital at risk and at least ten qualifying full-time jobs per investor under the applicable rules. The official FAQ checked September 7, 2026 states a nonrefundable US$15,000 DHS processing fee per person. After successful vetting, the principal gift is US$1 million for an individual or US$2 million per corporate-sponsored employee. Each eligible joining spouse or unmarried child under 21 adds US$15,000 and a US$1 million gift, including in corporate cases. A family comparison should list who can qualify as a derivative under each route, each child’s timing, and the financial effect of separate applications or payments. The decision is whether the parents’ preferred route actually serves the whole family or whether an adult child needs a distinct plan. Do not let a shared wish to relocate conceal different legal timelines.

05

Keep the procedural obligations distinct

EB-5 residence requires the applicable visa or adjustment process after petition approval. I-829 is generally filed within the 90 days before conditional residence’s second anniversary. Corporate terms describe 1% annual maintenance and a 5% transfer fee including a new DHS background check. Reuse of a prior corporate principal gift under the official process is not automatic approval of a replacement employee. Additional State Department and medical costs may apply; verify current instructions for the actual proposal. Gold Card uses EB-1 or EB-2 subject to category eligibility, admissibility and visa availability. Its government gift is not an EB-5 investment offered for commercial return. Model liquidity, taxes, project risk, and contingency funds separately. The decision is not merely whether the household can pay the headline figure, but whether it can absorb the permanent Gold Card gift or the uncertain EB-5 business exposure without relying on an unstated recovery of funds. Independent tax advice may affect the choice without determining immigration eligibility.

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