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Can I use a promissory note to meet EB-5 visa capital requirements?

Are promissory notes considered capital for purposes of the EB-5 immigrant investor program?

Answers

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    Brandon Meyer

    Immigration Attorney
    Answered on

    Promissory notes are acceptable as a capital contribution, provided that the promissory note meets the requirements outlined in Matter of Izummi. From a practical perspective, promissory notes should be avoided.

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    Boyd Campbell

    Immigration Attorney
    Answered on

    If the promissory note is secured by your personal assets, yes. But please do not pursue an I-526 petition if there is no likelihood that you can come up with the balance to invest.

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    Under the provisions of the EB-5 rules this is acceptable. However in recent years USCIS has been reluctant to accept this unless the note is secured against assets in the United States. In short, the assets must be reachable.

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