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What age restrictions are there for EB-5 investors?

I am considering donating the EB-5 investment to my son, who currently is 13 years old, in order for him to apply as the investor for the EB-5 investment visa via a regional center. Is this prohibited? Are there any additional restrictions for non-adult EB-5 investors?

Answers

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    Xiaosheng Huang

    Immigration Attorney
    Answered on

    I do not think he can be the principal applicant of the EB-5 application, for he is not eligible to sign the documents issued by the EB-5 program, according to the U.S. law. He is allowed to sign the agreements with the program only when he is at least 18 years old.

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    Barbara Suri

    Immigration Attorney
    Answered on

    The immigration laws and regulations do not set an age limit for the EB-5 program. However, since the investor will be signing legal documents, the EB-5 regional center projects require an investor to be at least 18 years of age, the legal age where contracts are enforceable.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Generally, an investor must be 18 years of age or older.

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    Michael A Harris

    Immigration Attorney
    Answered on

    Each regional center and/or project might have to decide if they can accept a child as the principal investor. Corporate securities counsel should be consulted, and a legal mechanism or structure would likely need to be provided in order to ensure compliance with securities laws. Otherwise, there is not a prohibition for a child becoming an EB-5 investor. I consider it similar to a child being the beneficiary of a financial trust which is managed by others on his or her behalf. The more serious question is, who is the child going to live with in the United States?

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    John J Downey

    Immigration Attorney
    Answered on

    Since a minor may not enter into a binding contract, it may well depend on the state (jurisdiction) where the project is located. Will the state allow an adult to enter the agreements on behalf of and benefit for the minor?

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The EB-5 law and regulations do not contain any age restrictions. Contract law, however, usually requires the parties to be adults, which in most cases will require the person to be at least 18 years of age. Therefore, if you are contracting with any other party in the EB-5 investment, your 13 year old son likely will not be considered an adult and therefore, any contract he signs could be voidable or subject to rescission. This would definitely prevent him from participating in regional center EB-5 projects.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    It is not clear why you would want your 13 year old son to be the main investor for EB-5 since you or your wife could be the principal investor and have him included as the derivative beneficiary. This way your whole family benefits from the EB-5 program rather than just your son. While there is no concrete rule prohibiting a certain age investor, the minor must be able to enter into a binding contract, which in most cases is 18 years old. Otherwise, he will have to have a guardian co-sign the paperwork.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Your fact pattern will likely raise a serious concern because someone who is just 13 years, a minor, cannot be considered to be an investor - even though it is legally permissible for you to give your son enough money that will be enough to pay for an EB-5 visa. However, your son is neither eligible to enter a binding EB-5 contract nor initiate one. In essence, a 13 year old is not likely qualified to apply for EB-5.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    The investor must be of legal age to enter into a contract. 13 or minors would not be able to legally enter into a binding agreement for investing, so EB-5 would not be possible for the minor. It would be better for the parent to be the EB-5 immigrant investor and the minor child can be a derivative beneficiary.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It may be possible to have a minor invest; however, unless the child has been emancipated by the court, there are rigorous procedures to set up to ensure the subscription agreement is binding. Some regional centers are accepting minors, although I would wait until the investor is 14. That is the age USCIS classifies a child as an adult for certain purposes, including paying the adult filing fee for an Application for Permanent Residence - Form I-485.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Some regional centers will accept minor investors. There are many legal challenges that you need to overcome and should discuss this with your investment immigration attorney before proceeding.

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