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GRAND BAY-WESTFIELD · PAYMENT AUTHORITY

A payment instruction must match the applicant’s authority and the intended program

USAvisa field guide · 3 minute readReviewed 7 September 2026
THE SHORT ANSWER

Before directing funds, identify the legal basis for using them and the official or contractual recipient. EB-5 capital and a Gold Card government gift are different commitments. A payment request should not be accepted merely because it uses the name of an immigration program.

01

Confirm who can direct the funds

Hypothetical example: settlement proceeds are held pending instructions from several parties, and an applicant receives a request to send them immediately to an intermediary. Review the settlement authority, restrictions and recipient instructions. Keep the source and transfer records. Do not assume account access or a persuasive payment message establishes legal entitlement or a verified destination.

02

Use the EB-5 transaction documents for an investment

EB-5 requires qualifying capital at risk, lawful source and path, and qualifying job creation. Read the receiving investment agreement and verify the payment’s purpose and recipient through reliable channels. Project documentation does not replace the investor’s source evidence, and transferring money does not guarantee either immigration approval or financial return.

03

Use official instructions for Gold Card payments

The official FAQ describes a nonrefundable processing fee and, after successful vetting, a gift to the U.S. government. Successful applicants proceed through EB-1 or EB-2 subject to category eligibility, admissibility and visa availability. It is not an EB-5 investment or automatic residence or citizenship. Verify current charges, the applicable arrangement and included family members’ steps before payment.

04

Compare the current investment and gift requirements

As of September 7, 2026, the general EB-5 investment threshold is US$1,050,000, or US$800,000 for a qualifying targeted employment area or infrastructure project. Statutory adjustment begins January 1, 2027. EB-5 requires qualifying capital at risk and at least ten qualifying full-time jobs per investor under the applicable rules. The official FAQ checked September 7, 2026 states a nonrefundable US$15,000 DHS processing fee per person. After successful vetting, the principal gift is US$1 million for an individual or US$2 million per corporate-sponsored employee. Each eligible joining spouse or unmarried child under 21 adds US$15,000 and a US$1 million gift, including in corporate cases.

05

Keep the procedural obligations distinct

EB-5 residence requires the applicable visa or adjustment process after petition approval. I-829 is generally filed within the 90 days before conditional residence’s second anniversary. Corporate terms describe 1% annual maintenance and a 5% transfer fee including a new DHS background check. Reuse of a prior corporate principal gift under the official process is not automatic approval of a replacement employee. Additional State Department and medical costs may apply; verify current instructions for the actual proposal. Gold Card uses EB-1 or EB-2 subject to category eligibility, admissibility and visa availability. Its government gift is not an EB-5 investment offered for commercial return.

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