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How can I use a loan to fund my EB-5 investment?

I want to buy an established business in the United States, but need funds. Can I use a property which I own and rent out in the United States to get a loan for EB-5? If not, could I go to a bank in the United States and if I qualify for a loan without giving my home as collateral, will that loan qualify for EB-5? Finally, if I got a bank guarantee from my country back home, can that be used to get a loan from a U.S. bank and will that work for EB-5? How can I use a loan to fund my EB-5 investment?

Answers

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    You can use your personal funds derived from your personal property for the EB-5 investment. Your personal property such as real estate can be the basis of you obtaining the loan and these loan proceeds can be used by you as part of your personal investment.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Loans in which you are personally liable for, and loans or indebtedness secured by assets owned by you (not the commercial enterprise you are about to invest in), are permitted for purposes of EB-5 investment capital.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    A loan will work if it is secured by collateral that you personally own (not owned by the new commercial enterprise into which you intend to invest). You must also generally show your collateral was originally acquired through lawful means. It is unlikely that a U.S. bank will issue a loan to you if you are a foreign person with no ties to the United States.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    A loan is fine as loan if it is secured by your personal assets and not by the project itself. Some projects will want assurance that you are only putting a certain percentage of your net worth into the project.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Using a loan as your source of EB-5 funds is possible, but it must be structured properly to comply with USCIS rules and regulations.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, you can use a loan to fund your EB-5 investment. There is nothing unusual about it. However, just ensure that you are in compliance with the banking laws of whichever country you choose to go with, either the United States or your country. Also, whatever activity involved with such loan transaction(s) must be legal, as the U.S. Citizenship and Immigration Services will not accept anything less than legal transaction(s). If you need assistance, contact an EB-5 attorney who can assist you.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You can use a loan that is not secured by the assets of the new commercial enterprise (NCE) into which you are investing. Therefore, if you use a bank loan against your home or other property you own, and the property is not an asset of the NCE, then it should be fine. You must show that the collateral, whether your home or other personal property, was purchased originally by you with lawfully obtained funds.

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