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How can I make an EB-5 investment using my company account?

I want to make an investment into an EB-5 regional center and get green cards for me and my family. I already have my own company and I want to directly invest $500,000 through this company instead of using my personal account. Can the EB-5 funds come from my company account? Is there any requirement that the funds have to come from a personal account?

Answers

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    Robert Lee

    Immigration Attorney
    Answered on

    There is no requirement to use funds from a personal account. If your company has enough money in the retained earnings (profit) to cover the EB-5 investment, you can issue yourself a shareholder's loan.

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    John J Downey

    Immigration Attorney
    Answered on

    Yes, but you have to show that you earned the funds, i.e. salary, sale of stock, bonuses, and that the sources are lawful.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You cannot use a company's account. The investment funds must be the investor's. A company is a separate legal entity. Your company can pay you salary or make distributions (such as dividends), which you can use for EB-5 investment.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It must come from a personal account.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Generally, investments must be personal funds. These are often assets, cash, tangible property, or loans secured by personal assets.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    In addition to the corporate tax returns and bank statements, you will need to show your ownership of the company and that you have the authority to use the company funds for your personal reasons. Also, you should show the source of funds for establishing the company.

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    Ian E Scott

    Immigration Attorney
    Answered on

    The EB-5 funds have to come from you rather than your company. This requirement is so strict that in the past, USCIS has issued RFEs when money was transferred directly from a company to the regional center, even when the corporate documents showed that the investor had control over the funds. All regional centers will advise that when you transfer the money it should come from your personal account. The company could loan you the money, but the funds would have to be secured with personal assets that had a higher value than the funds advanced.

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