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WATERLOO · DECISION WORKSHEET

Waterloo guide: project phases and corporate maintenance follow different rules

USAvisa field guide · 2 minute readReviewed 7 September 2026

Read the general immigrant investor briefing overview

THE SHORT ANSWER

An investor may compare a staged commercial project with a corporate-sponsored gift route. Identify what each later obligation actually means instead of assuming every payment or project milestone moves the immigration case forward automatically.

01

Identify the EB-5 evidence behind the phase

Hypothetical example: a project reports spending and anticipated staff for a new phase. Apply the actual qualifying-job framework, generally ten qualifying jobs per investor, with relevant direct or regional-center evidence. Lawful capital at risk, source and path and management or policy participation remain necessary.

02

Identify the continuing corporate terms

Gold Card uses an official government gift after successful vetting and instructions, with EB-1 or EB-2 eligibility, admissibility and visa availability still relevant. Corporate maintenance and conditional transfer charges do not create an investment return or automatically approve a replacement employee; the transfer includes a new background check.

03

Use actual individual process events

EB-5 conditional residence begins through immigrant admission or adjustment approval, not project completion. Gold principal and intended initial eligible family obligations should be identified separately from private sponsor agreements. Neither a project forecast nor a corporate budget establishes work permission, residence timing or repayment. Capital exchanged for a contractual right to repayment or a guaranteed rate of return is excluded. A purchase option exercisable solely at the enterprise’s discretion has a narrow statutory exception, subject to the required sustainment and other conditions; it is not an investor’s repayment guarantee.

04

Separate project instalments from immigration milestones

Date each anticipated EB-5 contribution and test the qualifying total against US$1,050,000, or US$800,000 for an eligible targeted employment area or infrastructure project. The petition-date rule matters because statutory adjustments commence January 1, 2027. Do not calculate conditional residence from a project phase: it begins with the applicable immigrant admission or adjustment approval, followed by the usual I-829 window during the 90 days before the second anniversary. In the corporate alternative, budget the current nonrefundable US$15,000 fee and post-vetting US$2,000,000 government gift for each employee principal. An individual principal’s gift is US$1,000,000. Add US$15,000 and a US$1,000,000 gift for each eligible joining spouse or unmarried child under 21. Check ongoing corporate maintenance and conditional transfer terms separately from the project’s spending schedule. Neither schedule secures eligibility, admissibility, available visa numbers or a completion date.

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