Questions & Answers

Can I use domestic money to fund EB-5?

If I am a foreigner, can I take a home equity loan from a property I own in the United States and use it to fund my EB-5 visa? I was not sure if the funds I will use need to come from outside the U.S. Or, rather, it is OK to use investments coming from the United States?

Answers

• Phuong Le

  Immigration Attorney

  Answered on November 14, 2018

  Domestic or U.S.-based money is acceptable, so long as you can establish how you lawfully acquired the funds.

• Daniel A Zeft

  Immigration Attorney

  Answered on October 24, 2018

  The funds for an EB-5 investment can come from the United States. Yes, you can take a home equity loan from a property that you own in the United States in order to make your EB-5 investment.

• Marisa Casablanca

  Immigration Attorney

  Answered on October 22, 2018

  You may take out a loan and invest in an EB-5 project. USCIS has a policy that the funds must be secured by personal collateral. As long as you personally own your home you may use it to invest in the project. The investment may come from U.S. or foreign sources.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on October 22, 2018

  It is absolutely acceptable to use lawfully earned U.S. income.

• Mark AM Catam, Esq

  Immigration Attorney

  Answered on October 18, 2018

  Yes, you can.

• Dale Schwartz

  Immigration Attorney

  Answered on October 18, 2018

  In a word, yes, you can. But I would advise having a good EB-5 immigration attorney help you structure the investment so you do not get messed up.

• Robin J Gray

  Immigration Attorney

  Answered on October 18, 2018

  Yes, you can use domestic money to fund an EB-5 project, such as a home equity loan.

• Mitch Wexler

  Immigration Attorney

  Answered on October 17, 2018

  Yes.

• Vaughan de Kirby

  Immigration Attorney

  Answered on October 17, 2018

  Yes, you can certainly use a home equity line to fund your EB-5, as this is a secured loan. Do note that you will need to provide evidence as to how you acquired the funds to purchase your home originally that you are using as security for the loan.

• Lynne Feldman

  Immigration Attorney

  Answered on October 17, 2018

  Domestic, lawfully sourced money is fine.

• Julia Roussinova

  Immigration Attorney

  Answered on October 17, 2018

  It is OK to use EB-5 funds lawfully sourced within the U.S. You will also need to show that the funds you have originally purchased the home with originate from a lawful source of funds, such as earnings, gifts, an inheritance, etc. A personal home equity loan from an accredited financial institution secured by a home you personally own is a legitimate source of EB-5 funds. You will also need to obtain a qualified appraisal that will show the appraised value of the home is equal to, or exceeds, the amount of loan proceeds to be used as EB-5 funds. Engage the services of an experienced EB-5 attorney to assist you with further loan documentation guidance and competent preparation of your I-526 petition.

• Blake Harrison

  Immigration Attorney

  Answered on October 17, 2018

  You are allowed to use funds obtained in the U.S. to make an EB-5 investment. You will need to work with an EB-5 immigration attorney to help gather the documents to show that the funds used to purchase the property were obtained legally.

• Abhinav Lohia

  Immigration Attorney

  Answered on October 17, 2018

  It is perfectly OK to use funds generated within the United States, including home equity loans.

• Jinhee Wilde

  Immigration Attorney

  Answered on October 17, 2018

  While there is no prohibition on using the funds that come from the U.S., you will need to show how you gathered funds to originally buy the house you will use. If those funds were not documented as to their legal origin and movements thereafter, you may have a difficult time. Also, if that house is your primary residence, leveraging that for EB-5 purposes may be problematic.

• Jan Pederson

  Immigration Attorney

  Answered on October 17, 2018

  Yes. It is OK to use funds from the United States.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on October 17, 2018

  The investment fund for EB-5 does not necessarily have to come from outside the U.S. If an asset is in the U.S, as in this case, it can be converted and used for EB-5 investment. Generally, the main issue with the source of EB-5 investment is whether the money is from a legal source or not. It does not matter whether the money is coming outside the U.S. or within the U.S.

• BoBi Ahn

  Immigration Attorney

  Answered on October 17, 2018

  Yes, you can obtain a loan from a bank in the U.S. for funding your EB-5 investment as long as you are personally liable for the loan and it is your money at risk for the EB-5 investment.

• Salvatore Picataggio

  Immigration Attorney

  Answered on October 17, 2018

  As long as you can show the ownership of that property and how you came to purchase it in the first place, I do not see why not! The details will be important, so retaining EB-5 counsel will be essential.

• Charles Foster

  Immigration Attorney

  Answered on October 17, 2018

  If you take out a loan that is secured by a mortgage on your property, you should be able to use such funds to fund your EB-5 investment. However, you might be required to show the source of funds that you used to purchase your home in an amount equal to your minimum investment.