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PENHOLD · PLANNING GUIDE

Penhold investor guide: compare complete proposals rather than selected price lines

USAvisa field guide · 3 minute readReviewed 7 September 2026

Read the general immigrant investor briefing overview

THE SHORT ANSWER

Comparing the lowest number on each side produces the wrong answer. One figure is capital placed at risk in a business that has to create jobs and may be lost; the other is a gift that never returns, charged for every person in the household. Put the whole of each proposal beside the whole of the other: principal applicant, family count, rights retained, obligations assumed, and the government stage that still has to follow.

01

Read the EB-5 case as an investment with obligations

Hypothetical example: a spreadsheet sets US$800,000 against US$1 million and concludes the investment is cheaper. That comparison omits everything which makes EB-5 an investment. US$800,000 applies only to a qualifying targeted employment area or an infrastructure project; otherwise the figure is US$1,050,000, and statutory adjustment begins January 1, 2027 under filing-date rules. The money has to be lawful in source and in path, irrevocably at risk of loss, and tied to ten qualifying permanent full-time jobs for each investor under the applicable counting method, with the investor participating in management or policy formulation. It cannot carry a repayment right or a guaranteed return. The enterprise-only discretionary buyback is a narrow exception whose exercise requires the petition to be withdrawn unless sustainment and other applicable requirements have been fulfilled. The realistic entry on a comparison sheet is therefore a sum at risk for years, not a price.

02

Calculate Gold Card using the real sponsorship and household

On the other side, the totals depend on how many people are named and on who the principal is. US$15,000 for each person is charged for processing and is not returned. After vetting succeeds and official instructions issue, the gift is US$1 million for an individual principal or US$2 million for each employee under corporate sponsorship, so an employer-sponsored case is not automatically the cheaper column merely because somebody else pays. Each joining spouse and each unmarried child under 21 adds a further US$15,000 and a further US$1 million, in corporate cases too, and the programme recommends including them from the start. Corporate terms add 1% annually and 5% on transfer with a new background check, and no replacement is approved automatically. The gift passes from the applicant to the U.S. government; unlike the investment column, none of it can come back.

03

Compare the immigration stages as well as the cash amounts

Finish the comparison with the stages that follow payment, because they are not alike. Gold Card outcomes still depend on the government’s EB-1 or EB-2 classification, on eligibility and admissibility, and on visa availability. EB-5 leads to two years of conditional residence beginning at immigrant admission or approval of adjustment, followed by Form I-829 filed in the 90 days before the second anniversary; that filing is not itself removal of conditions and is not a repayment date. Derivatives who qualify accompany the principal without a second principal investment. A complete comparison therefore has four columns — money out, money recoverable, obligations carried and decisions still required — and neither route can be scored on the first column alone.

A CONVERSATION IS A GOOD PLACE TO START.

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