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How can I make EB-5 evaluation time faster?

Hello, I have two important questions so far regarding eb-5 application: Can the investment of $500k to a regional center come from a gift of a third party to the investor? (Including certificate of gift and origin of the funds) And is there any way (Special Handling Package option to EB-5 with higher fee) to make the evaluation faster than 6-9 month? Thank you for your answer.

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    Gift funds are permitted in EB-5, but the gift must be irrevocable and third party must have documentation regarding the legality of the source of funds for such gift. As the second part of your question, there is no expedited handling for EB-5.

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    Dawn M Lurie

    Immigration Attorney
    Answered on

    Yes, the investment can come from a gift as long as the source of the money is traceable and was acquired lawfully. You can minimize your processing time by making sure that the documents describing the loan are complete and accurate. This should include a discussion of how the funds were acquired by the person loaning you the money. This will minimize any unnecessary delays. Although Premium Processing (an option to pay an extra fee to expedite processing) is not currently available, this option has been considered by the USCIS and was proposed in Congressional legislation and current Reform bills.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The answer to your first question is yes. The answer to your second question is no.

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    Teodora Purcell

    Immigration Attorney
    Answered on

    A gift can be used for the investment but you will have to prove the source of the gifted funds. Unfortunately, currently there is no expedite processing available for EB-5 petitions.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    Yes money can be gifted we just need to source it. Unfortunately premium processing is not yet available for this program.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Yes, a gift of funds is allowed. Documentation regarding the source of funds and tracing of funds is required as well as proper gift declaration documentation. Unfortunately, there is no option to file I-526 petition under premium processing (with additional optional fee) at this time. To that end, you cannot expedite the processing of I-526 petition. Current processing times are approximately 13.7 months posted as of June 18.

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    Michelle T Kobler

    Immigration Attorney
    Answered on

    1) Yes, the investment of $500,000 to a regional center may come from a gift of a third party to the investor. It is important to remember, however, that even a gift or donation must still be substantially documented to detail the source and pathway of the gifted funds. 2) Unfortunately, at this time the immigration office does not offer any special handling option that will shorten the processing time or evaluation period.

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    Rachel Lew

    Immigration Attorney
    Answered on

    Yes, gift in the form of cash can be used as EB-5 capital, but it has to be irrevocable and the person giving the gift must execute a sworn declaration and provide proof of the legal source of that gift money. No, there is no premium expedited processing of I- 526 petition available yet. There has been discussions at USCIS, but it is difficult in practice due to complexity of issues and amount of supporting documents involved.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, the funds that you invest may originate as a gift from a 3rd-party with the Origin of Funds certificate. As of now there is no premium processing option for EB-5 Immigrant petition. However, the rule of thumb is, if you want to avoid delays in processing you should make sure you file a clean/high quality petition.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    As long as there is a gift letter and the Source of Funds of how the third party has made the money could be tracked, receiving the funds from a third party is not too difficult. Many of our clients receive funds from their parents or other relatives as gifts to do the EB-5. As to making the evaluation of I-526 faster, there is no way to do so although all of our clients would like it. While USCIS has been talking about instituting the Premium Processing for I-526, they have not done so and current processing time is 12 months not 6-9 anymore.

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    Ying Lu

    Immigration Attorney
    Answered on

    The funds used in EB-5 application can be a gift from a third party. The third party must be able to present documentation to prove his/her legal source of funds. Currently, the average processing time for the I-526 petition is around 12 months. There is no expedited handling for EB-5.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    The source of funds can be from a third party as long as we can document that they were earned legally and the transfer is likewise lawful. In terms of processing times, 6 to 9 months is realistic. I will be happy to personally discuss in greater detail as EB-5 applications are very sophisticated.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    1. A gift is fine as long as you document the source of funds from the grantor. 2. For now, there is no expedite.

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    Mahsa Aliaskari

    Immigration Attorney
    Answered on

    The funds invested can be gifted to the EB-5 applicant and at this time there is no expedite option available for USCIS processing of the Form I-526.

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    Neville M Leslie

    Immigration Attorney
    Answered on

    Yes, it can be a gift but there is no way to speed up the processing time.

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    Stephen Berman

    Immigration Attorney
    Answered on

    A gift is fine, however the source of the funds to the person who gave the gift may be needed. No, you cannot get faster processing.

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