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LAKE COUNTRY · CONTROL OR CONTRIBUTION

A contractor who wants to run the plant should not confuse EB-5 with a gift

USAvisa field guide · 3 minute readReviewed 7 September 2026

Read the general immigrant investor briefing overview

THE SHORT ANSWER

Hypothetical example: a Lake Country building contractor is deciding between investing directly in an Arizona modular-housing plant under EB-5 and using the Gold Card framework. The two are not alternative prices for the same thing. EB-5 puts qualifying capital at risk in a business, requires at least ten full-time qualifying US jobs and requires the investor to engage in management or policy formulation. Gold Card begins with a non-refundable processing fee and, after successful vetting, an unrestricted gift that is treated as evidence of specified EB-1A and EB-2 criteria. The gift is not an EB-5 investment, and all official terms must be re-verified before money moves.

01

What EB-5 asks of him and gives him

A direct EB-5 case requires US$1,050,000, or US$800,000 for a qualifying targeted employment area or infrastructure project, with the current amounts verified before filing. The capital must be invested and at risk in a new commercial enterprise, with a lawful source and fully documented path, and the enterprise must create at least ten full-time jobs for qualifying US workers. The investor must engage in day-to-day management or policy formulation. If approved and admitted, the investor, spouse and unmarried children under 21 receive two years of conditional permanent residence; Form I-829 then addresses the sustained investment and job requirement. The capital has no guaranteed return. A direct standalone investor files Form I-526, not Form I-526E.

02

What the Gold Card asks of him and gives him

The official Gold Card framework begins with an application and non-refundable DHS processing fee. After successful vetting, an individual applicant is instructed to make the unrestricted gift, which Executive Order 14351 directs the government to treat as evidence of specified EB-1A and EB-2 criteria. The gift creates no business ownership or jobs and must never be described as an EB-5 investment. Lawful-permanent-residence eligibility, admissibility, security vetting and visa availability remain. A principal may include a spouse and unmarried children under 21, each with a separate fee and gift. The contractor should read the official FAQ immediately before applying and again before any payment because amounts, family terms and procedures may change.

03

Decide on the basis of purpose and failure mode

If his purpose is to build and manage the plant, EB-5 aligns residence with an at-risk enterprise and ten-job plan; failure to sustain the investment or meet the job requirement can jeopardize removal of conditions. If his purpose is residence without tying the case to a business, Gold Card instead uses a non-refundable processing fee, vetting and a later unrestricted gift with no enterprise ownership or repayment right, while lawful-permanent-residence eligibility, admissibility and visa availability remain. Doing both is not a hedge: the gift does not improve an EB-5 case, and EB-5 capital does not reduce the gift. His children's ages and visa availability matter under either immigrant route. Re-verify both programmes immediately before committing or transferring funds.

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