Document the real arrangement
Identify whether the money is a gift, loan or another contribution and preserve evidence of its actual terms. Do not label a repayable advance a gift merely because the donor is a relative. The applicant must establish the qualifying investment on the facts that exist.
Trace the funds beyond the last transfer
Explain the relevant source and path with reliable records, including intermediary accounts and the donor’s contribution as required. A final deposit into the applicant’s account may show receipt without explaining the lawful origin of the funds.
Establish the business requirements
Verify relevant treaty nationality and at least 50% enterprise ownership by nationals of that country. The applicant must develop and direct through at least 50% ownership or other qualifying operational control. Lawful funds must be substantially committed at risk in relation to a real nonmarginal enterprise; there is no universal minimum or EB-5 ten-job rule. A family gift does not by itself establish the investment or directing rights.
Coordinate the gift and transaction
Identify when funds are available and what obligations are genuinely binding. Properly structured visa-contingent escrow may qualify. Personal unsecured borrowing or debt secured solely by non-enterprise personal assets may count; enterprise-secured debt is excluded even with personal collateral. If the contribution is a loan, preserve its real terms. Intent to depart when E status ends is required, and Canadians generally need an E visa. A relative’s payment date does not authorize U.S. work or guarantee a decision.
Keep the donor’s funding separate from enterprise nationality
A contribution does not itself identify the enterprise owners or establish nonmarginality. Assess whether the business can provide more than minimal living for the investor and family or a significant economic contribution. Projected capacity should generally be realizable within five years of normal business activity. Explain the actual resources and ownership rather than assuming the gift’s size answers the operating questions.
Sources reviewed 2026-09-08. This guide covers a preparation focus; it is not an individual eligibility assessment.