How a Minor Can Invest in EB-5 with a UTMA Account

More and more high-net-worth families are exploring the EB-5 Immigrant Investor Program as a path for their children to obtain U.S. green cards — sometimes even before college begins. While it may seem unusual, minors are legally eligible to be EB-5 investors if the investment is structured correctly. One of the most effective and compliant ways to do that is through a UTMA (Uniform Transfers to Minors Act) account.

In this post, we’ll walk through exactly how minors can invest in EB-5, what documents USCIS requires, and how families can set up the process with help from their bank and immigration counsel.

✅ Can a Minor Apply for EB-5?

Yes — there is no minimum age requirement under U.S. immigration law for an EB-5 investor. What matters is that:

• The funds were lawfully obtained and transferred
• The capital is invested and “at risk”
• The investment leads to the creation of 10 full-time U.S. jobs

Since minors generally cannot enter into contracts on their own, a custodian or legal guardian must sign investment documents and USCIS forms on their behalf. This is where the UTMA structure becomes crucial.

🧾 What Is a UTMA Account?

A UTMA (Uniform Transfers to Minors Act) account allows a parent or guardian to gift funds to a minor, while maintaining custodianship until the child reaches the age of majority (usually 18 or 21 depending on the state).

Why UTMA Works for EB-5:

• It legally transfers ownership of funds to the minor — satisfying USCIS requirements that the capital be the investor’s own
• It allows a parent (as custodian) to sign investment and immigration documents
• It avoids complicated trust structures or corporate setups

This method is widely accepted by banks, USCIS adjudicators, and immigration attorneys — especially when backed by strong documentation.

🧰 Step-by-Step: How to Set It Up

1. Consult with a U.S. tax advisor
   • To assess gift tax implications (anything over $18,000 per parent in 2025 may require IRS Form 709)
   • To plan reporting obligations
2. Open a UTMA account
   • Go to a U.S. bank or brokerage (e.g., Chase, Schwab, Fidelity)
   • Request to open a UTMA titled:
     “[Parent’s Name] as custodian for [Child’s Name] under the [State] UTMA”
3. Fund the account
   • Transfer the full EB-5 capital ($800,000 or more, depending on fees)
   • This is considered an irrevocable gift to the child
4. Have the custodian sign investment documents
   • The parent acting as custodian signs the Subscription Agreement and Form I-526E
   • You can use a form like the “Acknowledgment of Custodian” found in many EB-5 subscription packages

📋 Required Documentation

USCIS will need to see clear evidence of the structure and legality of the investment. Here’s what to prepare:

1. Custodian Declaration (UTMA Acknowledgment)

• Confirms that the parent is acting in a fiduciary capacity
• Shows they approve all documents on behalf of the minor

2. Gift Letter

• Signed letter from the parent(s) confirming the transfer is a gift with no expectation of repayment

3. Proof of Relationship

• Birth certificate or guardianship paperwork proving the parent-child relationship

4. Source of Funds

• All documentation tracing the gifted funds back to the parent: tax returns, bank records, sale of assets, etc.

5. Custodian’s Passport

• For identity verification and record matching

6. Power of Attorney (if the minor resides in the U.S.)

• In some cases, a POA may be required if the minor is already in the U.S.

📌 Real Example: A 17-Year-Old EB-5 Investor

In one of our own offerings in Mammoth Lakes, a 17-year-old successfully subscribed to the EB-5 investment using a UTMA account. His parents worked with their bank to set up the structure, gifted the funds, and signed all documents using our template acknowledgment form.

USCIS accepted the filing without issue, and the I-526E is expected to be approved within standard timelines.

🏦 Can the Family’s Bank Help?

Yes — most U.S. financial institutions are familiar with UTMA accounts and can assist. Parents should:

• Ask to open a UTMA for the child, specifying the purpose is for a U.S. investment
• Confirm the account is titled under the state’s UTMA
• Request monthly statements showing the minor’s name as the beneficial owner
• Ask for a letter verifying the custodian structure (some banks can provide this)

While the bank can’t provide immigration advice, they are essential to ensuring funds are properly documented and traceable.

📣 Final Thoughts

For global families planning a future in the United States, the EB-5 program offers a compelling opportunity — and it doesn’t have to wait until the child turns 18. With careful planning, a UTMA account, and support from the right team, a minor can begin their path toward U.S. permanent residency today.

If you’re considering this route for your child, we’re here to help. Our EB-5 projects have welcomed minor investors before, and we can walk you through every step — from UTMA setup to I-526E filing.