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ROTHESAY · PORTFOLIO PROCEEDS

Selling a rental portfolio can fund EB-5 capital or a Gold Card gift, but the paperwork diverges

USAvisa field guide · 3 minute readReviewed 7 September 2026

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THE SHORT ANSWER

A Rothesay couple selling several residential rental properties accumulated over twenty years want permanent residence in the United States. EB-5 would put the proceeds at risk in a job-creating enterprise, with two years of conditional residence and a later I-829; the Gold Card involves a processing fee and a government gift, followed by EB-1 or EB-2 processing. EB-5 requires documented lawful source and path. Gold Card requires the current official vetting and I-140G materials, and the gift is treated as evidence under specified eligibility grounds.

01

Build the property file that both routes will draw on

Hypothetical example: a Rothesay couple bought their first rental with savings, the second with a mortgage secured on the first, and the rest through refinancing and reinvested rents. For EB-5 lawful source and path, they need the purchase documents for each property, the mortgage and refinancing records, rental income shown in tax returns over the years, the sale agreements and closing statements, and the bank trail from each closing to the investment. For the Gold Card, vetting will examine their background, and a documented history of the funds is prudent even if the official process asks different questions. The reviewer should index the file property by property, because a twenty-year history assembled at the end is harder than one assembled as each sale closes.

02

Set the two frameworks side by side without treating them as prices

EB-5 requires US$1,050,000, or US$800,000 in a targeted employment area or infrastructure project under the 2022 reform, invested and at risk; at least ten full-time jobs for qualifying U.S. workers; lawful source and path; and engagement in management or policy formulation, followed by conditional residence and Form I-829. The capital may be returned. The Gold Card involves a nonrefundable processing fee and, after vetting, a government gift with no return. Executive Order 14351 directs that gift to be treated as evidence under specified EB-1 and EB-2 grounds; the applicant must still be eligible for lawful permanent resident status, admissible and have a visa available. Both frameworks and current amounts must be re-verified before money moves.

03

Decide by eligibility and by what happens on failure

The couple's wealth came from property rather than an executive, academic or acclaimed professional record, but that fact alone does not make the Gold Card route unavailable. Executive Order 14351 directs State and DHS to treat the gift as evidence under specified EB-1 and EB-2 grounds. They must still be eligible for lawful permanent resident status, admissible and have visas available, and must follow the current Form I-140G instructions. EB-5 does not depend on professional achievement; it requires qualifying capital, lawful source and path, job creation and engagement, followed by conditional residence and I-829. They should compare loss and refund risks and the official family terms before any property is sold on a promoter's timetable.

SOURCE NOTES

Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.

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