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Can a foreigner obtain an EB-5 visa on venture capital raised in the United States?

I am a foreign national and the sole shareholder of a C Corp which has attracted an investment of $5 million from a venture capital group at $20 million valuation. We would be hiring lots of people in Chicago and Cleveland for our venture. Since the investment would be done locally and I would be the reason for such investment, can this investment and resulting employment be used to obtain an EB-5 visa for myself?

Answers

  • Avatar

    Reza Rahbaran

    Immigration Attorney
    Answered on

    The capital investment must be from the EB-5 applicant and not from other sources.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    We would need more information to assess this situation. However, at the offset, you have to invest your personal funds to be eligible for the EB-5 program, as such money raised by your company will not suffice. Happy to further discuss this issue. Please contact us.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If you personally make a qualifying investment, it is possible. Otherwise, you don''t qualify because the investment is coming from other sources.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    The capital invested must be from the EB-5 applicant. If I understand correctly the capital in your case has come from outside investors.

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    Rebecca White

    Immigration Attorney
    Answered on

    The funds at risk need to be traced to your own funds.

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    Based on the facts you present, the answer is no. It is advisable to retain an experienced EB-5 attorney who may correctly direct you.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    To obtain approval of the I-526 petition filed with USCIS to then move forward with obtaining conditional, then full, permanent residency, the investment must be made from your personal funds. If your investment will be made into this C Corp, you must use personal funds, not funds from that same C Corp.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    You need to own the money you are investing, it cannot be a loan, nor can it be other people's money that they are investing.

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