Questions and Answers > EB-5 Investments

Can a secured loan be used to fund an EB5 visa investment?

I want to get an EB5 visa for my dad who is in India. My dad has real estate/assets worth around $5-10 million, but no cash. Is there any way he can get a secured loan against his assets for an EB5 visa? We are ready to pay interest on that loan every month/year until the EB5 investment is paid back from regional center.

Answers

• Mona Shah

  Immigration Attorney

  Answered on March 18, 2013

  Yes, indeed a secured loan can be utilized. Make sure you have full documentation, including a term sheet.

• Michael A Harris, Esq

  Immigration Attorney

  Answered on February 25, 2013

  It might just be if structured correctly. If your dad''s real estate is at risk (and documented properly) it may be suitable. A secured loan where the EB-5 investment is secured by the assets of the EB-5 commercial enterprise is impermissible. You should consult with an immigration attorney who can work with your contract attorney to properly structure the loan.

• Mahsa Aliaskari

  Immigration Attorney

  Answered on February 20, 2013

  Yes a secured loan may be the source of the EB-5 investment. The loan would have be well documented as well as the property used to secure the loan, including appraisals.

• Daniel P Hanlon

  Immigration Attorney

  Answered on February 20, 2013

  It is possible to use funds obtain from a loan secured by the investor''s personal real estate, however the investment cannot considered "at risk" if a loan is secured by the investment itself.

• Farah Abbas

  Immigration Attorney

  Answered on February 20, 2013

  Yes, your father may use a secured loan against one of his properties as the source of his investment funds. Please note that your father would also have to provide documentation showing that he used lawful funds to purchase the asset that would be used as collateral on the loan. You should work with an experienced immigration attorney to make sure you are collecting all of the requisite documentation needed for the I-526 petition.

• Daniel A Zeft

  Immigration Attorney

  Answered on February 19, 2013

  A loan can be used for an EB-5 investment if the loan is secured by the personal assets of the EB-5 investor.

• Jan Pederson

  Immigration Attorney

  Answered on February 19, 2013

  Yes. Do not assume you will get money back though.

• Ed Beshara

  Immigration Attorney

  Answered on February 19, 2013

  Personal funds have to be invested in the EB-5 project.the personal fund canbe derived from a secured loan against the personal assets of the investor. However,the EB-5 investor has to show they have the financial means to repay the loan.

• Susan Pilcher

  Immigration Attorney

  Answered on February 19, 2013

  Yes, a secured loan can be an excellent source of investment funds, provided the collateral does not include any interest in the investment enterprise.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on February 19, 2013

  Yes; this can be done. The collateral must be valued at fair market value, so you will need an appraisal of some kind. Also, the assets of the new commercial enterprise (in the United States) may not be used to secure a loan for EB-5 purposes. It would also be a good idea to show a continuing stream of income such that the debtor can make the payments on the loan. Finally, be prepared to document how your father earned the funds initially to buy the real estate and assets to be used as collateral for the loan.

• Boyd Campbell

  Immigration Attorney

  Answered on February 19, 2013

  Yes, as long as the loan is secured by the investor''s personal assets.

• Jinhee Wilde

  Immigration Attorney

  Answered on February 19, 2013

  Absolutely. Your father could mortgage one or more of his properties to secure the investment funds. It would be easier for tracking the source of funds purpose, if the loan amount is pooled into one account before transferring into the investment vehicle for EB-5. If you need further advice on how you should go about the process, feel free to contact me.

• Elizabeth Krukova

  Immigration Attorney

  Answered on February 19, 2013

  Yes, a loan secured with your assets can qualify as investment capital.

• Rakesh Mehrotra

  Immigration Attorney

  Answered on February 19, 2013

  Yes a secured loan can be used to fund an EB-5 visa. Make sure the assets are in your dad''s name and not some corporate name. If they are in in your dad''s name make sure the loan documents are well prepared and the true valuation of the security well documented. If they are in a corporate name the corporation could also loan the money to your dad but the paperwork will have to be done a bit differently. Feel free to consult us if you have further question.

• Margo Chernysheva

  Immigration Attorney

  Answered on February 19, 2013

  Secures loans up to the current market value of secured asset owned by the investor is allowed. It has to be well documented. Make sure you hire a knowledgeable attorney to assist you in your case. Good luck.

• Sufen Hilf

  Immigration Attorney

  Answered on February 19, 2013

  Secured loans using personal assets can work for EB-05 purpose.

• Lei Jiang

  Immigration Attorney

  Answered on February 19, 2013

  Yes, the loan must be adequately secured. Please feel free to contact us for your EB5 questions.

• Taher Kameli

  Immigration Attorney

  Answered on February 19, 2013

  Yes, a secured loan may be used to fund an EB-5 visa.

• Julia Roussinova

  Immigration Attorney

  Answered on February 19, 2013

  Yes, loan proceeds may be used to raise EB-5 capital as long as the loan is secured by your father''s personal assets (such as real estate/other personal assets), and he is personally liable for the loan repayment under the terms of the loan. Ownership of assets and loan transaction must be properly documented. Should you need further guidance, please do not hesitate to contact me.

• Christina Corbaci

  Immigration Attorney

  Answered on February 19, 2013

  Yes, you can use a loan as long as you can show that the loan is secured by assets that you personally own (and can document). Further, if the loan is from a financial institution, then you would need to provide the documentation of the terms of the loan, etc (such as the loan agreement or promissory note). If the loan is from a private individual then that person would need to document the source of the funds they are using to provide the capital (I have had many cases where the EB-5 applicant owns property that they mortgage to a friend or family member in exchange for the $500k - the lender must document the source of their funds, and the applicant must document ownership of the home they are using to secure the loan, in addition to proving the property value). It is important to note that repayment of the loan cannot be secured by the assets of the EB-5 enterprise, it must be secured only by separate assets of the EB-5 applicant.

• Stephen Yale-Loehr

  Immigration Attorney

  Answered on February 19, 2013

  Yes, a secured loan can be used to fund an EB-5 visa investment. We have done this before. There need to be formal loan documents and a commercially acceptable interest rate, just as in any regular loan. Contact me if you want to have an in-depth EB-5 consultation. We charge $695.

• Anthony Korda

  Immigration Attorney

  Answered on February 19, 2013

  A secured loan may be used to fund an EB5 investment but it must be secured with asset(s) owned by the investor. If you are to be the investor, your father should consider making a gift to you of the funds he has obtained by the loan. In such a case, however, your father may have to prove the source of the funding for the asset used as security.

• Rana Jazayerli

  Immigration Attorney

  Answered on February 19, 2013

  Absolutely. As long as a loan is secured by personal assets, it is a legitimate basis for an EB-5 investment. You will, however, have to source the actual asset(s) used to secure the loan. i.e. you would have to show the source of your father''s income used to purchased the real estate property that secures the loan. I hope this helps. I would be happy to assist you further.

• Ron Klasko

  Immigration Attorney

  Answered on February 19, 2013

  Yes, but it is necessary to proved the lawful source of funds for the collateral.

• Clem Turner

  Securities Attorney

  Answered on February 19, 2013

  Assuming the real estate has been purchased from a valid source of funds, a loan securing such real estate should also be a valid source of funds.

• Steven Anapoell

  Securities Attorney

  Answered on February 19, 2013

  Yes. There are lenders that will loan against real estate. The individual can then use the loan proceeds to invest in the US.

• Stephen Berman

  Immigration Attorney

  Answered on February 19, 2013

  No, you cannot use a loan, you must own the funds.

• Austin Kim

  Immigration Attorney

  Answered on February 19, 2013

  Yes, a secured loan can be used for EB-5 investment fund as long as the asset used to secure the loan belongs to the investor and has minimum value of the EB-5 investment.

• Neville M Leslie

  Immigration Attorney

  Answered on February 19, 2013

  Yes, a secured loan can be used to fund an EB5 investment.

• Reza Rahbaran

  Immigration Attorney

  Answered on February 18, 2013

  Yes, as long as the loan is made against his personal assets and he is personally liable against the loan, then he may use the loan proceeds as his EB-5 capital.