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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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    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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    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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    Answered on

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

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    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

    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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    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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    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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    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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    Answered on

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

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    Answered on

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

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