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SYLVAN LAKE · PLANNING GUIDE

Red Deer guide: distinguish enterprise capital from an official gift

USAvisa field guide · 3 minute readReviewed 7 September 2026
THE SHORT ANSWER

A business owner comparing immigrant pathways should identify what the proposed payment legally represents. EB-5 investment capital and the official Gold Card gift framework involve different requirements, risks and obligations.

01

Describe the commercial contribution precisely

Hypothetical example: the owner proposes funding a U.S. expansion and also considers a corporate-funded Gold Card proposal. For EB-5, identify the actual capital at risk, lawful source and path, current applicable threshold and qualifying jobs under the relevant structure and method, generally ten jobs. An ordinary business contribution does not automatically satisfy the full framework. EB-5 requires management or policy-formulation participation, potentially through qualifying limited-partner rights. Contractual repayment rights and guaranteed rates of return are excluded from capital. An enterprise-only discretionary buyback has a statutory exception, but exercise requires petition withdrawal unless the applicable sustainment and other conditions have been fulfilled.

02

Verify the gift proposal independently

Gold Card uses current official gift terms tied to EB-1 or EB-2 availability and applicable requirements, vetting and admissibility. Confirm the actual individual or corporate framework, applicant, payer and family obligations. Do not describe the gift as enterprise ownership or a recoverable EB-5 asset promising repayment. Corporate Gold Card terms include 1% annual maintenance and a 5% transfer charge with a new background check; reuse does not approve a replacement employee. The corporate principal gift applies per sponsored employee. Initial inclusion of intended eligible joining family is recommended, with per-person amounts also applying in corporate cases.

03

Compare outcomes beyond payment capacity

Separate fees, capital, gifts, commercial risk and government process in the decision. Review each family member’s eligibility and relevant dates. Neither successful ownership nor the ability to fund a proposal guarantees approval, visa availability or a move date. Present U.S. activities remain governed by actual permission while a future residence strategy is assessed.

04

Distinguish capital, official gifts and residence stages

EB-5’s September 7, 2026 capital minimums are US$1,050,000 or a qualifying US$800,000 for targeted employment area or infrastructure projects, with statutory adjustments starting January 1, 2027. The petition is not residence; the applicable residence process and later removal of conditions remain, including the usual I-829 window in the 90 days before the second conditional-residence anniversary. Gold Card instead describes a nonrefundable US$15,000 fee per person and, after successful vetting and instructions, a government gift of US$1,000,000 individually or US$2,000,000 corporately. Each eligible joining spouse or unmarried child under 21 adds US$15,000 and US$1,000,000. Confirm current corporate maintenance and transfer conditions separately. Neither framework guarantees eligibility, admissibility, visa availability or timing. Conditional EB-5 residence begins at immigrant-visa admission or adjustment approval; eligible derivatives do not need separate principal investments merely to accompany. I-829 filing is not automatic removal of conditions or repayment.

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