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Who is allowed to gift funds for an EB-5 investment?

Who is allowed to gift funds for an EB-5 investment? And where can these funds come from? For example, can the source of funds for an EB-5 investment be a gift from someone who is not my relative? Can this gift be from a business or investment fund?

Answers

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    Steffanie J Lewis

    Immigration Attorney
    Answered on

    Anyone can gift funds for an EB-5 investment as long as the source of fund is lawful and can be traced.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    As long as the donor's source of funds is demonstrated and documented through the usual acceptable methods, i.e., as if the donor was the principal investor, the funds may be gifted to the investor whether or not the donor is a relative. In other words, it could be from a friend, as long as the funds are a gift and received by the investor who is free to use the funds and they do not have to be repaid.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Anyone or group may gift the funds to your personal account. On this basis, the source of the gifted funds will have to be authenticated as coming from legal sources.

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    Oliver Huiyue Qiu

    Immigration Attorney
    Answered on

    So your question is what constitutes the source of an EB-5 gift. There is no legal requirement on who should or should not give a gift to a potential EB-5 investor. However, to pass the sniffing test, the gift giving has to be reasonable. Your family members, friends or business associates can be the reasonable source of the gift. A private company, on the other hand, may not be reasonable to give a gift to an individual without prelude.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Anyone can make the gift provided their source of gift funds is authenticated and there is no expectation of repayment.

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    J Bruce Weinman

    Immigration Attorney
    Answered on

    That is fine, as long as it is derived from lawful sources, and you explain why the gift is being made.

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    Sara Wang

    Immigration Attorney
    Answered on

    The gift should make sense. If this is coming from a friend and not a relative, there should be a credible explanation.

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    Ian E Scott

    Immigration Attorney
    Answered on

    Anyone can gift funds for an EB-5 investment, but the gift should make sense. For example, a parent or close relative or friend makes sense. Also, when money is gifted, the source of funds analysis transfers from the applicant to the person giving the gift. (for example, if the money comes from savings, the person giving the gift would provide tax returns.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    The gift can come from a relative or a friend. However, the person gifting the money to you needs to demonstrate the source of the funds.

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    John J Downey

    Immigration Attorney
    Answered on

    Yes to all. The donor must be able to show the source of the funds.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Anyone could gift to anyone although there should be some nexus between the person making a gift to the person receiving the gift to avoid unnecessary questions being raised on the source of fund. Since there has been some unsubstantiated concern about money laundering or terrorist fronts by some members of Congress, we should carefully explain where the money comes from and what your relationship is to the person who is making such a large gift to you - a person does not give away $500,000 to a total stranger. The fund could come from an investment fund or business of the person making the gift, but we will need to show how those funds were accumulated by that person through tax returns, etc. The source of fund tracking will be about the donor''s income and assets instead of yours when EB-5 investment is through a gift.

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    Robert Lee

    Immigration Attorney
    Answered on

    Anyone can give you a gift. You just have to show the source of funds for the gift, and to clearly state it is a gift with no expectation of repayment. Businesses and investment funds could technically give you a gift, but you will have to consider tax implications and shareholder approval.

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    Anthony Korda

    Immigration Attorney
    Answered on

    A gift may be given by anyone, provided the source of funds can be established. There is no requirement that the donor is a relative. However, USCIS may call for evidence that the gift is a bona fide gift if they suspect money laundering.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    A gift of funds can come from anyone. They will have to show how they got the money.

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    Anthony Ravani

    Immigration Attorney
    Answered on

    Yes to all of your questions. Anyone can gift the fund to an EB5 investor. Just the source of fund must be known and lawful.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Anyone who can lawfully source the money can gift to you; of course you need to explain why if it is a stranger.

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