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BOWDEN · PLANNING GUIDE

Bowden investor guide: identify the event that permits the move

USAvisa field guide · 3 minute readReviewed 7 September 2026

Read the general immigrant investor briefing overview

THE SHORT ANSWER

A subscription agreement, a wire confirmation and a processing receipt all carry dates, and none of them is the date a household gains permission to live in the United States. That date is set by a government decision — admission on an immigrant visa, approval of adjustment of status, or a Gold Card classification once a visa is available. Build the household calendar backwards from the decision, and treat every commercial date as provisional until it arrives.

01

Read the EB-5 investment before setting its exit date

Hypothetical example: a household books a September school start and asks the project sponsor to confirm the capital will be back by then. No such confirmation can honestly be given. The applicable capital level is US$1,050,000, falling to US$800,000 where the project lies in a qualifying targeted employment area or is an infrastructure project, and both figures are subject to statutory adjustment from January 1, 2027 on filing-date rules. The money must be lawful in origin and in path, irrevocably exposed to loss, and matched to ten qualifying permanent full-time jobs for each investor under whichever counting method applies, with the investor taking part in management or policy formulation. Any contractual right to be repaid, or a guaranteed rate of return, takes the money outside qualifying capital. A narrow enterprise-only discretionary buyback exists, but using it means withdrawing the petition unless sustainment and the other applicable requirements have already been satisfied.

02

Follow the Gold Card payment instructions

On the Gold Card side the published sequence matters more than the totals. Processing is charged first, at US$15,000 for each person, and it is not refundable. Only once vetting succeeds and official payment instructions are issued does the gift itself become payable: US$1 million where an individual is the principal, or US$2 million for each employee a corporation sponsors. Every spouse and every unmarried child under 21 who joins carries a further US$15,000 and a further US$1 million, which is the reason the programme advises naming intended family members at the outset rather than adding them afterwards. Corporate sponsors also carry 1% a year in maintenance and 5% to move a gift to another employee, and a transfer brings a fresh background check rather than an automatic approval. None of this is investment: the gift goes from the applicant to the U.S. government and nothing about it is repayable.

03

Use actual immigration evidence for the household calendar

A Gold Card applicant is still classified by the government under EB-1 or EB-2 and must still clear eligibility, admissibility and visa availability; paying earlier does not shorten that queue. For EB-5 the two-year conditional residence clock does not start when funds leave the account. It starts on admission with the immigrant visa, or on approval of adjustment of status. The window for Form I-829 opens 90 days before the second anniversary of that start, and lodging the form neither ends the conditions by itself nor releases the capital. Family members already found eligible as accompanying derivatives join on the principal’s case without a second principal investment being funded for them. Where the departure date is fixed and the decision is not, the date is the thing that has to move.

A CONVERSATION IS A GOOD PLACE TO START.

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