Phuong Le
Immigration AttorneyDomestic or U.S.-based money is acceptable, so long as you can establish how you lawfully acquired the funds.
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?
Domestic or U.S.-based money is acceptable, so long as you can establish how you lawfully acquired the funds.
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.
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.
It is absolutely acceptable to use lawfully earned U.S. income.
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.
Yes, you can use domestic money to fund an EB-5 project, such as a home equity loan.
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.
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.
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.
It is perfectly OK to use funds generated within the United States, including home equity loans.
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.
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.
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.
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.
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.