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WELLESLEY · DECISION WORKSHEET

Wellesley guide: compare investor counts with per-person gift obligations

USAvisa field guide · 2 minute readReviewed 7 September 2026

Read the general immigrant investor briefing overview

THE SHORT ANSWER

EB-5 qualifying jobs and Gold Card family payments use different units. Identify the actual investors and eligible family members rather than assuming one household total answers both frameworks.

01

Identify the EB-5 requirement being measured

Hypothetical example: a project lists investors, relatives and staff in one presentation. Assess lawful source and path, capital at risk and the relevant qualifying-job method, generally at least ten qualifying jobs per investor. Eligible derivatives are not separate investors simply because they accompany. Direct payroll evidence and permitted regional-center methodology should not be treated as interchangeable.

02

Identify the official gift obligations

Gold Card uses a government gift after successful vetting and official instructions, with EB-1 or EB-2 eligibility, admissibility and visa availability remaining relevant. Separate the actual principal and each eligible joining family member’s amounts. The gift is not EB-5 commercial capital promising return.

03

Keep recurring terms and immigration dates distinct

Corporate Gold Card maintenance and transfer-related terms are conditional rather than automatic replacement approval. EB-5 residence and removal-of-conditions stages do not begin merely because a staffing target is reached. Financial or employment totals support particular requirements without granting individual work or residence permission. 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

Use a separate denominator for each calculation

Write the EB-5 capital amount beside each investor, not beside each family member: US$1,050,000 ordinarily or US$800,000 for a qualifying targeted employment area or infrastructure investment, subject to the petition-date requirement and statutory adjustments from January 1, 2027. A petition is followed by the applicable residence process; conditional admission or adjustment approval starts the period whose second anniversary anchors the usual 90-day I-829 filing window. For Gold Card, count every person owing a nonrefundable US$15,000 processing charge. After successful vetting and instructions, count a US$1,000,000 gift for an individual principal or US$2,000,000 for each corporate-sponsored employee principal, plus US$1,000,000 for every eligible joining spouse or unmarried child under 21. Obtain the current corporate maintenance and transfer conditions rather than distributing one presumed charge across the household. Correct arithmetic cannot guarantee individual eligibility, admissibility, visa availability or timing.

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