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How can a U.S. real estate property be contributed as EB-5 capital?

The investment will be in a direct EB-5 project. Can U.S. real estate property bought by a foreign investor before applying for his/her EB-5 immigration visa be part of the required minimum investment for this project? How long must the investor own the property before applying for the EB-5 visa?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You may use U.S. real property to obtain a loan and then invest the loan proceeds into the business.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Short answer: no. However, personal property can be an asset used to obtain a loan, which can possibly be used for an EB-5 investment.

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    John J Downey

    Immigration Attorney
    Answered on

    You may use other assets other than cash to meet the financial requirements. If the investor holds a title to the real estate, that is enough proof. Be careful that the real estate is not just land, as the cost of land is not considered in EB-5 real estate projects.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Theoretically possible, but likely to present issues. Best to mortgage the real estate so it can fit into the EB-5 structure.

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    Echo Meisheng King

    Immigration Attorney
    Answered on

    The U.S property can be used as collateral to obtain a bank loan and the loan proceeds can be used toward the capital contribution for the EB-5 project. The business that the EB-5 investor invests in must create 10 jobs and usually the property itself will not be able to create jobs. Therefore, a bank loan is needed to invest into a business that creates 10 jobs. The investor still has to prove the funds used to purchase the U.S. property were legally obtained. There is no requirement as to how long the investor has to own the property before obtaining a bank loan.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    In order to qualify for the EB-5 immigrant investor visa, the requisite invested funds must be in a commercial enterprise, which results in the creation of at least 10 full-time jobs for U.S. citizens/residents (excluding the investor and his/her family). Mere investment in real estate, unless mentioned criteria are met, will not work to qualify for EB-5.

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    Sufen Hilf

    Immigration Attorney
    Answered on

    The EB-5 program is to create jobs for U.S. workers. Pure investment in a real estate property is not going to be qualified for EB-5.

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