IN THIS GUIDE · Funding EB-5 from severed waterfront lots on family land
Start with the EB-5 eligibility and application overview
Which document decides the source-of-funds question
For land that was inherited or acquired long ago, the deciding documents are the chain of title and the estate or purchase records that put the land in the applicant's hands. The severance approval, the surveys and the agreements of purchase and sale for each lot then show how the land became money. The lawyer's statement of adjustments for each closing and the bank statements showing the net proceeds complete the path. Because three sales may close on different dates, the file should show each one separately and then the consolidation into the account from which the investment is made. Match title, estate, sale, tax, and bank records by date and amount so a reviewer can follow the asset from original acquisition to the investment wire without inference.
Tax on the sale and the amount actually available
Capital-gains tax on the lot sales reduces the net available for investment, and a plan built on gross proceeds may fall short of the qualifying amount. The applicant should have an accountant estimate the tax before committing to a regional-center project, and should understand that the investment must be fully made, or in the process of being made with an irrevocable commitment, at filing. Funds still owed by a buyer under a vendor take-back are not yet invested. Use net proceeds, not a property’s headline sale price, when deciding whether enough qualifying capital remains after tax, debt discharge, and transaction expenses.
What to ask the regional center
Ask for the project's targeted-employment-area designation and its basis, the job-creation methodology and how many jobs are allocated to each investor, the administrative fee beyond the investment amount, the redeployment policy if the loan is repaid before conditions are removed, and the exit terms. Ask, too, whether the project has filed its own approval application with USCIS. Read the offering documents for deployment, job allocation, redeployment, conflicts, and exit terms; a regional-center designation does not eliminate project-specific risk.
Conditional residence and the family
Approval of Form I-526 or I-526E leads to conditional permanent residence for two years, through consular processing or adjustment of status, for the applicant, spouse and unmarried children under 21. Form I-829 must be filed in the ninety days before the second anniversary with evidence the capital remained invested and the jobs were created. Plan for evidence during the conditional period, including continuing investment and job-creation documentation, rather than treating the initial petition as the end of the process.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.