IN THIS GUIDE · Documenting gifted capital and the donor's own funds
Start with the EB-5 eligibility and application overview
A gift must be a gift in substance
If the family understanding is that the money will be repaid, or that the relative retains an interest in the investment or its returns, the arrangement is not a simple gift and the documents must describe what it actually is. Decide this honestly before drafting anything. A gift deed that contradicts side conversations, tax treatment or later transfers creates a contradiction that is harder to explain than the original arrangement.
The donor's history becomes part of the file
Lawful source must be shown for the capital, so a gift moves the enquiry to the relative's earnings, business income or asset sales. That means asking a family member for tax records, employment or corporate documents and bank statements. Raise this at the start, because a donor who will not share financial records makes the gift unusable however willing they are to transfer the money. Agree a document list with them in writing.
Confirm the amount the gift must cover
As reviewed on 7 September 2026, qualifying capital is US$1,050,000, or US$800,000 where the investment qualifies as a targeted employment area or infrastructure investment; statutory adjustments begin in 2027. Establish which figure applies before the relative commits, since topping up later from a second donor doubles the documentation work. Remember that fees and professional costs sit outside the capital and usually fall on the investor.
Keep the transfer clean from donor to enterprise
Move the gifted funds by traceable transfer, ideally directly from the donor's documented account to the investor and then to the enterprise, with references that match the paperwork. Avoid cash, third-party intermediaries and unrelated accounts, each of which adds a step to explain. Keep confirmations for every leg, including currency conversion, and record the date each transfer settled. Ask counsel to review the route before the first payment is made.
Ask the relative what they are actually willing to open
The gift is offered in a conversation about generosity and examined in a process about records, and the gap between those two things is where these plans most often fail. Before a project is chosen or a window is entered, have a specific conversation with the donor about what will be required of them. It is not one bundle of statements. Establishing a lawful source and the path the money travelled can reach back years, into a business, a property transaction, an inheritance, or a period the donor regards as nobody else's concern, and each answer tends to generate a further question. Ask three things directly. Is the relative willing to provide records covering the origin of the funds as well as the transfer itself? Are those records retrievable, given the institutions and countries involved? And what does the investor do if the answer to either changes part-way through? A donor who says yes to the money and no to the fourth follow-up has not refused anything unreasonable; they simply agreed to something different from what was needed. Establishing that early costs one conversation. Hypothetical example: a relative funding a hotel construction subscription is asked at the outset for a written list of what will be requested, and declines one item on it, which changes the plan while changing it is still cheap.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.