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CHAMPLAIN · RISK, REFUND, EVIDENCE

Land sold to a developer: a regional-center EB-5 investment or a Gold Card gift

USAvisa field guide · 3 minute read Reviewed 7 September 2026

Read the general immigrant investor briefing overview

THE SHORT ANSWER

Hypothetical example: a Champlain farmer is selling a parcel to a residential developer and wants the proceeds to secure permanent residence in the United States for himself, his wife and their seventeen-year-old daughter. EB-5 through a regional center puts the capital at risk in a job-creating project and demands a full source-of-funds trace; the Gold Card, under its official framework, is a gift to the U.S. government plus a processing fee, not an investment. The two differ on three points that matter to this family: risk, recoverability and the evidence each demands.

01

Risk: EB-5 capital can be lost; the Gold Card gift is not meant to return

EB-5 requires US$1,050,000, or US$800,000 for a targeted-employment-area or infrastructure project, to remain at risk in a new commercial enterprise, with no guarantee of repayment. The enterprise must create at least ten full-time jobs for qualifying U.S. workers, and the investor must participate in management or policy formulation. After petition approval, visa availability and admission or adjustment of status, the investor, spouse and unmarried child under twenty-one receive two years of conditional permanent residence; Form I-829 later tests the sustained investment and job creation. The Gold Card instead uses a government gift plus a processing fee, not an investment, and every current term must be rechecked before payment.

02

Recoverability and fees: read both sets of terms before any transfer

In a regional center project, the offering documents state what happens to the capital on denial or project failure, and whether the administrative fee is refundable; the petition fees in the USCIS fee schedule are not. For the Gold Card, refund terms, if any, are set by the official page and FAQ, and the safe assumption is that neither the processing fee nor the gift is refundable. The family should obtain both sets of terms in writing, dated, and put them side by side. A regional center's marketing materials and a third-party summary of the Gold Card are not the terms. Canadian tax on the disposition of the land is owed under either route and should be provided for before deciding how much money is actually available.

03

Evidence: a full trace for EB-5, the official page for the Gold Card, and the daughter's age for both

EB-5 requires the source of funds to be traced: the deed of sale to the developer, the title history showing how the farmer acquired the parcel, tax returns showing the disposition and prior farm income, and bank records from the notary's trust account to the investment. The Gold Card's official material does not describe that kind of EB-5 trace, but the family should keep the same records for their bank and tax adviser. The daughter is seventeen and may qualify under EB-5 as an unmarried child under twenty-one, subject to the child-status rules. Under the current Gold Card FAQ, she should be included in the initial application and is separately subject to a $15,000 DHS processing fee and $1 million government gift. Re-verify those terms before any transfer.

SOURCE NOTES

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

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