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GUELPH/ERAMOSA · EB-5 FIELD GUIDE

Can a Guelph/Eramosa couple use money gifted by a parent to meet the EB-5 investment amount?

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THE DIRECT ANSWER

Yes, gifted capital is permitted if the gift is genuine and the donor's lawful source of funds is documented as thoroughly as the investor's own. The petition must trace the money from the donor's original source through the gift to the investment.

The donor becomes part of the petition

The regulation requires evidence that the capital was obtained through lawful means and a tracing of its path. When funds are gifted, the examiner asks two questions: was this a real gift with no expectation of repayment, and where did the donor get it. A transfer presented as a gift that is actually repayable must be disclosed and analyzed as a loan.

Current USCIS policy treats lawfully obtained loan proceeds contributed as cash rather than requiring the loan to be secured by the investor's own assets, although the lawful source, path and genuine loan terms must still be documented. The father should sign a gift declaration confirming no repayment is expected, and supply records that explain his wealth: the sale of a property, a business, retirement savings withdrawals, or accumulated income supported by tax filings. The transfer itself needs both sides' bank statements.

Any part of the capital that cannot be traced may leave the investment short of the qualifying amount.