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How do working capital term loans against properties work in the EB-5 Immigrant Investor Program?

Hello there. I jointly own a residential property with my parents that is worth $650,000. We have received a working capital 5-year term loan against a residential property worth $270,000. Of the received amount, my mother gifted $20,000 to my wife and another $250,000 to me. These funds were then invested via a regional center for a total investment of $500,000. Also, my parents paid off the administrative fees (totaling $75,000) on my behalf directly to that regional center. Per our country’s laws, one cannot invest more than $250,000 per person per year. Hence, we need to make the investment to the regional center as I stated above. I am the primary applicant for the EB-5 Program, along with my wife. Is this a permissible way to invest through the program? Also, the property on which the working capital 5-year term loan against residential property was purchased 7 years ago from the date of filing the I-526 petition. We took out a loan to purchase that property and the rest was paid by us, but it is proving difficult to get all the necessary bank records related to this payment. We do have the bank loan statements, though, as we are still making regular payments to it. How far back in our records do we need to go to prove that the property was acquired from a legitimate source of funds? What kind of professionals can help us in this process?

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    Answered on

    Your question is somewhat complicated and you really need to seek the advice of experienced immigration law counsel, hopefully, Board Certified in immigration law by his or her state bar association with substantial experience in representing individual EB-5 investors as well as EB-5 projects. Remember, the investment is an individual investment and is not a family investment. Thus, if you wish to qualify, you would have to show that you met the minimum $500,000 investment as well as proving a lawful source of funds. Under certain conditions, those funds may be borrowed as long as you have put up an equal amount of collateral. In the end, whether it is your funds that you have earned or funds that are borrowed or gifted, those funds must be in your name prior to the investment.

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    Answered on

    In order to use a loan for EB-5, it must be 100% collateralized with the investor's own property. I am guessing the $250,000 per year is for India? My understanding is the amount is restrictive as to investing abroad. As for proving the money was purchased with legally earned funds, this is very important. They never used to go beyond 7 years, but they often do now so one must prove how the funds were earned legally. If there are missing records, it's more important than ever to fill in the gaps with evidence that can include declarations although we do advise to provide a complete picture so the government can see it was lawfully earned.

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