IN THIS GUIDE · Proving lawful source when the money began in someone else's hands
Start with the EB-5 eligibility and application overview
The document that decides it is the executor's accounting, not the will
People assume the will is the proof, and it is not. A will states an intention; it does not show what the estate held, what it paid out or what reached a particular beneficiary. The document that carries this chain is the executor's final accounting or statement of distribution, supported by the grant of probate or its provincial equivalent, because together they show the assets the estate actually administered and the amount released to Adaeze on a specific date. Bank records then show that amount arriving in her account. Where the executor prepared no formal accounting, obtaining one, or a signed statement with supporting ledgers, becomes the first task rather than an afterthought.
The chain does not stop at the aunt's death
Lawful source asks how the capital was obtained, and inheritance moves that question one generation back rather than answering it. The file should show how the aunt came by the money: sale of a property with the deed and closing statement, business proceeds with corporate records, investment accounts with statements, employment income with tax filings. Where the estate held a farm or a business, its valuation and sale documents belong in the package. Adaeze may need the executor's cooperation to obtain records she has never seen, and estate files are usually closed on a schedule, so requesting them early matters more than most people expect.
What the amount is, and why it must be re-verified before it moves
Under the EB-5 Reform and Integrity Act of 2022 the qualifying capital is US$1,050,000, or US$800,000 where the investment is in a targeted employment area or an infrastructure project, with statutory adjustment beginning January 1, 2027. Those figures and the designation rules should be confirmed against the official sources before any transfer, not taken from a promoter's slide. Whether a particular project sits in a targeted employment area is determined under the statute, and a regional center's assertion should be checked against the project's own designation evidence. The capital must be at risk; an arrangement guaranteeing return of the money is not a qualifying investment.
Jobs, engagement and the conditional period that follows
The investment must create at least ten full-time positions for qualifying U.S. workers. Where a regional center is used, indirect and induced jobs shown by an accepted economic methodology may count, which is the practical reason many investors choose that structure, but the requirement itself does not soften. Adaeze must also be engaged in the enterprise through management or policy formulation; limited partner rights under a partnership agreement are generally accepted for that purpose. On approval and admission she receives conditional permanent residence for two years, and Form I-829 is generally filed during the ninety days before the second anniversary of obtaining that residence.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.