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What restrictions are there for the origin of EB-5 funds?

I am currently on an H-1B visa and am considering applying for an EB-5 visa. Do my funds need to come from my country of origin? How can I use the money I have earned in the United States to fund my application and EB-5 project? I have my W-2 for the past four years. What else will I need to document the source of my funds?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    No, the funds do not need to come from your home country. The funds need to come from a lawful source. You will not be denied for investing funds that you have earned from your employment in the United States.

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    Lei Jiang

    Immigration Attorney
    Answered on

    You can use your funds in United States for your EB-5 petition. W-2s are good documentation, but are they sufficient? If not, do you have other assets/incomes? If yes, you need to provide documentation for other assets/incomes.

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    Ying Lu

    Immigration Attorney
    Answered on

    The funds do not need to be from your home country. If the savings from your work income are sufficient to meet the investment amount requirement, you can use your work income as your source of funds. Because living costs should also be considered, the documentary evidence for your petition may vary. You should consult an experience EB-5 attorney to help you with your petition.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The funds do not need to come from your country of origin. You must prove that you earned the funds from a lawful source, wherever they were earned.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Your EB-5 funds do not need to come from your country of origin. You can use the money you earn from anywhere in the world, including the United States. Just document that your funds come from lawful sources, and provide documents such as W-2, pay stubs, funds you earned for selling services and goods, property sale, and gifts, just to name a few.

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    Rohit Kapuria

    Immigration Attorney
    Answered on

    The funds do not need to originate from your home country. If you have legally earned sufficient funds working in the United States, and have filed the appropriate tax returns, you are in good shape. If you have only filed tax returns for the last 3-4 years, however, there may be a slight hiccup. I am not privy to your particular situation, but it is customary to file more than 3 years worth of tax returns with your application. This is not a rigid standard. I recommend retaining the assistance of an EB-5 attorney.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    As long as the funds are lawfully earned, it does not matter their country of origin.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    The money does not have to come from your country of origin. What needs to be shown is that it is in fact from legitimate sources, and that you qualify to invest. If your funds have all been raised through employment in the United States, the W2''s would be a good start.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    If all your investment funds could be tracked from your earnings, and your earnings have been significant (more than $200,000 for about 3 years), then you could do EB-5 with your earnings from the United States.

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    Kripa Upadhyay

    Immigration Attorney
    Answered on

    There is no restriction as to where the money was earned, as long as it is legal earnings. You should consult with an experienced EB-5 attorney, but your funds earned in the United States, along with any funds you may earn via inheritance or sale of assets, can be used as long as you can prove the source of funds via tax returns/sale of assets documents.

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    Marc Yelnick

    Immigration Attorney
    Answered on

    For EB-5 (as distinguished from the E-2, treaty investor visa), how you came into the funds is not relevant, as long as it is not illegal.

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    Charles H Kuck

    Immigration Attorney
    Answered on

    Your EB-5 funds need NOT come from your country of origin, they just must be earned lawfully. Where does not matter. If you earned that money in the United States, you can use that money for an EB-5 investment, so long as it was lawfully earned.

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    Michael A Harris

    Immigration Attorney
    Answered on

    Your funds do not need to originate from your home country. They can be derived from any lawful income that you have earned, as well as the sale of property, assets, businesses, etc. There are other examples which cannot be completely provided in this forum. To provide you advice, you will need to provide specific information to your attorney about the source of the funds used on your investment. Tax returns from the previous 5 years are standard. USCIS also has the discretion to go beyond that five year period. It''s best that you contact an experienced immigration attorney for further assistance in establishing your individual EB-5 investment project.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The money can come from the United States, your home country, or a combination of both, as long as everything can be authenticated as legally and lawfully obtained. Salary records, bank statements, and other documentation can be used, but it is best to retain qualified EB-5 counsel to assist you.

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