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What may disqualify a visa holder from applying for EB-5?

While on the O-1 visa as an artist, I sold my software to a U.S. company for a huge amount. I now want to use this money to open my own software company through the EB-5 program. Can I still apply for EB-5 considering that I technically earned money for a non-artist related job? Or would this disqualify me from applying for EB-5?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The fact that you are on an O visa should not disqualify you. Also, the fact that you earned enough money to apply for EB-5 is not a disqualification regardless of the fact that the earning came from a non-artist venture. Advisably, consult an EB-5 attorney to put all the pieces together as it appears you are on the right track.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If the proceeds from the sale of software are not from unauthorized employment in the United States that may have violated the terms of your O-1 visa, but rather a stand-alone software sale transaction (which is technically a sale of the asset that you own), then you should be able to use such proceeds as a source of funds for the EB-5 visa petition. You should consult an EB-5 immigration attorney who can review your source of funds and properly document and prepare your I-526 petition.

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    Echo Meisheng King

    Immigration Attorney
    Answered on

    As long as the money is legally obtained, you can use it as EB-5 capital.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Money earned by lawful means and transferred through lawful means can be used for EB-5. An attorney would need to look into your source of funds in much more detail to make a determination.

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    John J Downey

    Immigration Attorney
    Answered on

    As long as you comply with the "lawful sources of funds" there is no problem with EB-5. You may have a problem if you paid yourself a salary from your software company and thereby violated your O-1 status; if not then you should be fine.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Technically money earned illegally or in illegal status cannot be used, but your case needs careful examination as to the scope of your visa because the O-1 is fairly broad in terms of its scope of employment.

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    Ying Lu

    Immigration Attorney
    Answered on

    You can use this money for EB-5 purposes as long as you can document the legitimate source and path of the funds.

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    Ian E Scott

    Immigration Attorney
    Answered on

    This should not present a problem. In essence you have sold an asset and are using that money to fund the EB-5 visa. You will just have to provide a clear path of where the funds came from, but there is not any issue.

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    Charles H Kuck

    Immigration Attorney
    Answered on

    This will not disqualify you from an EB-5. No worries.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    I believe that you are eligible to apply for EB-5.

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