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How can I use VC funds for my EB-5 investment?

I am raising Venture Capital (VC) for my tech startup from VC companies that are based in the United States. I would like to apply for the EB-5 visa with a $1 million investment. Is it mandatory that the $1 million investment come from a foreign business or individual from a foreign country to fulfill the visa requirement?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The foreign investor must use PERSONAL funds to make the investment (savings, loaned funds secured by personal assets, gifts, etc.).

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    Phuong Le

    Immigration Attorney
    Answered on

    Yes, to qualify for the EB-5 visa the investor would have to be a foreign national. However, your tech startup can combine EB-5 funds with non-EB-5 funds to maximize your job creation (and capital).

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    BoBi Ahn

    Immigration Attorney
    Answered on

    The EB-5 investor must be the one with the funds at risk. In order for you to qualify for the EB-5 immigrant investor visa, the requisite capital that is invested in the new commercial enterprise (either $1 million or $500,000 if in a TEA) must be your funds, not the investor's.

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    Charles Foster

    Immigration Attorney
    Answered on

    Normally the funds must come from the foreign investor's own funds and you must show a lawful source of funds. Under certain limited circumstances those funds can be a gift or a secured loan, although these latter provisions may be significantly restricted in the future. It is not likely that the funds you raised as a venture capitalist would count as your funds as they would belong to third parties.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    As an EB-5 investor, you must possess the EB-5 investment funds (not the new commercial enterprise) and prove lawful source of funds.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The fund for an EB-5 can come from anywhere. As far as funding for EB-5 is concerned, the only thing that matters is that the fund be from legal source(s).

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, the funds must come from you or be secured by assets other than the project in which you are investing.

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