What are the salary and employment requirements for an EB-5 visa? - EB5Investors.com

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

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

Many investors use gifted funds for EB-5 investments with no problems, but you need an EB-5 immigration attorney to assist with the authentication of the source and transfer of funds.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

She can file for EB-5. However, she will have to show that the source of the investment funds is legal.

Ying Lu

Ying Lu

Immigration Attorneys
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.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
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.

Matthew T Galati

Matthew T Galati

Immigration Attorneys
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.

Abhinav Lohia

Abhinav Lohia

Immigration Attorneys
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.

Charles Foster

Charles Foster

Immigration Attorneys
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.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
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.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.