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How can multiple investors within a family apply for EB-5?

Can a father apply for EB-5 visa for himself and his wife and also pay for their two daughters applications in 2 separate cases? Is it acceptable by the immigration authorities that 3 of them (the whole family) are applying for EB-5 visa at the same time and the father pays for all three case? Both of the daughters are above 21 years old and married.

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    Yes, EB-5 funds may be gifted to the children. In this case, there will be 3 separate petitions. What is critical is that the father show that the source of his funds used for both his petition and that of his children are from a lawful source.

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    Mahsa Aliaskari

    Immigration Attorney
    Answered on

    Multiple family members may file their own I-526 petitions. The invested funds must be personal funds of the I-526 applicant, and the children may be gifted the funds from their father. Lawful source and tracing of funds must be included in the petition submissions for all applicants.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes; it is acceptable, assuming they all are otherwise eligible and they can produce evidence of lawfully-obtained capital.

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    Ed Beshara

    Immigration Attorney
    Answered on

    A principal EB-5 investor can include the spouse and minor children under 21 years of age in respect to obtaining the conditional permanent residency. In addition, the principal investor can gift the required EB-5 investment funds to each child over 21 years of age. As a result each child over 21 can each invest the required investment funds, and each will obtain the conditional permanent residency.

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    David Hirson

    Immigration Attorney
    Answered on

    The father may gift funds to his children for the purpose of making an investment under the EB-5 program. He would have to show the lawful source of all of the funds including those for his own investment as well as obtain a confirmation that the gift taxes are not payable or if payable, have been paid or provided for. Each of the three cases will then be treated on the merits. The son he knows of any grandchildren will be included in the case for that child to whom the gift has been given.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It would actually be three separate cases and that would be fine. There would be one application for the father and his wife and 1 for each of his daughters.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    Yes, it is most certainly acceptable. The father will gift money to his children and we will have to show that the father''s money is legitimate. Assuming that can be done, there is no issue.

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    Qingqing Miao

    Immigration Attorney
    Answered on

    The father can gift the investment funds to each of his daughters and then each daughter can file an I-526 petition as the principal investor assuming the funds have been legally obtained by the father. For source of fund purpose, the daughters'' petitions need to document how the father obtained the investment funds just like the father would do in his own petition. It is OK if all three investors (i.e. father and two adult daughters filing separately) file their respective petitions at the same time as long as each petition meets all the statutory requirements.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    It is completely acceptable that all investment cases (3) are funded by father; however, there is obviously a gift tax issue that may have to be addressed, depending upon the local laws of the country where the applicants reside. I will be happy to consult further on this.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Yes they can do this. We have done similar cases for several families. Of course, you will have to show that you earned the money for all the cases legally.

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    Dawn M Lurie

    Immigration Attorney
    Answered on

    Yes, it is acceptable for a father to gift funds to his adult children and then have them apply individually for an EB-5 visa. We have had families do exactly this in the past and have had successful applications. One thing to consider is whether the family wishes to invest in one project or consider investing in different projects/regional centers in an effort to diversify the portfolio and spread out the overall risk.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    Yes, they may apply for their daughters. There should not be a problem with all of them applying at the same time, you just need to ensure that you are able to source the funds for each applicant.

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    Ying Lu

    Immigration Attorney
    Answered on

    If your two daughters are both 21 years old and they also want to immigrate to the U.S., they must apply through separate petitions. You can pay for the investment amount as a gift to each of your daughters, but you will also need to prove the legal source of the gifted funds. The daughters will be the petitioner of their own EB-5 petition. You can submit three EB-5 petitions at the same time.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    As long as you have the legitimate funds to invest in 3 separate EB-5 cases, there is no limitation.

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    Angeline Chen

    Immigration Attorney
    Answered on

    Each family member has to make their own investment. The father can gift the investment to the spouse and adult daughters. Then the spouse and daughters can make their own investments into the commercial enterprise.

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    Mark Ivener

    Immigration Attorney
    Answered on

    OK as long as each invests $500,000 if in a TEA & each creates 10 jobs. Father needs to gift money to daughters so they can personally invest. All needs to be under direction & representation of an EB-5 experienced immigration attorney.

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    Jan H Brown

    Immigration Attorney
    Answered on

    You may give your daughters a gift of enough funds so that they can apply for their own EB-5 visas, at the same time as you apply for yourself and for your wife. If you would like my assistance or have any other questions, feel free to contact me.

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    Rohit Kapuria

    Immigration Attorney
    Answered on

    Since the daughters are over 21 years of age, they certainly cannot qualify for derivative status under the father''s application, as you appear to have determined. As for the father "paying" for the daughters'' applications, I am unclear as to what you have in mind. The father can certainly gift each daughter the requisite capital amount which they in turn could use for their respective applications. This would mean that the father would have to transfer $500,000 or $1 million to each daughter and the daughters would in turn have to be able to provide a proper source and path of funds for the origins of the related capital.

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