No. Explain the actual source and path and relevant arrangement with genuine evidence.
Do not substitute trust for documentation
A close relationship does not establish how the contributor obtained the money.
Beyond the capital amount, EB-5 requires at least ten full-time jobs for qualifying U.S. workers, lawful source and lawful path of the invested funds, and the investor's engagement in management or policy formulation, which permitted limited-partner rights can satisfy. A documented arm's-length sale is a helpful anchor for the lawful-source history, but questions about how the land was originally acquired, whether it was jointly owned, and how proceeds were divided still need answers. Any proposed contribution of a receivable or binding future payment arrangement needs legal analysis of the actual asset, ownership, value, commitment and applicable capital rules. A dividend is a lawful source of funds when the retained earnings behind it are documented with financial statements, tax filings and the resolution declaring it, and the payment can be traced into the investor's account and on to the enterprise.
- USCIS — EB-5 investor program
- USCIS — business and investment visa overview
- USCIS — Child Status Protection Act
- Department of State — Visa Bulletin
- USCIS — fee schedule
- 8 USC 1153(b)(5) — investor capital and adjustment provisions
- USCIS — Petition by Investor to Remove Conditions on Permanent Resident Status