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What are the salary and employment requirements for an EB-5 visa?

My friend wishes to have his wife invest in the EB-5 investment program. They have the required amount of money. Can she file for EB-5 without any salary or previous employment?

Answers

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    Ying Lu

    Immigration Attorney
    Answered on

    If the money they have is community property, the wife should be able to use her share to invest into an EB-5 project. If the money belongs to the husband entirely, he will need to gift the money to his wife and also prove the legitimate source of the gifted money.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Your friend''s wife does not have to earn a salary or have previous employment. If she invests in a regional center project, she merely has to show she has invested the requisite amount (presently $1 million, or $500,000 if in a high unemployment or rural area). She does have to show the money was lawfully earned and then gifted to her by her spouse, unless of course she is using community property for the investment.

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    Abhinav Lohia

    Immigration Attorney
    Answered on

    EB-5 investment can be a gift. She will not face a problem as long as the donor can explain the source of the gift.

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    Matthew T Galati

    Immigration Attorney
    Answered on

    Yes. Unlike some programs (e.g. the QIIP), there is no salary or employment prerequisite. Gifts from professional relatives to stay-at-home investors are quite common.

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    Charles Foster

    Immigration Attorney
    Answered on

    A person can invest in an EB-5 regional center project or make a direct EB-5 investment and file a petition on Form I-526 provided they have the requisite minimum investment of $500,000 if the project is located in a Targeted Economic Area (TEA) and otherwise meets all the legal requirements and the investor can show a lawful source of funds. She does not need to have a salary or previous employment as long as she can justify the source of funds having previously earned it or the same having been gifted to her, for example.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    As long as she can trace the funds for the EB-5 investment amount (i.e., gift from her spouse, and the spouse will have to show the legitimacy of his funds by tax, or otherwise, etc.), she would fine.

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