How can I use money earned in the U.S. toward an EB-5 investment?

You may use your lawfully earned funds from H-1B employment in the U.S. to qualify for EB-5.

The EB-5 regulations state clearly that the EB-5 investment has to be from personal funds regardless of where the funds were derived. That is, the personal investment funds can be derived from an authentic source in the home country or the U.S.

If you have the appropriate documentation and the funds have been legally earned and declared to the IRS (and the relevant taxing entity in your country of origin, if applicable), then you should be fine.

Money earned in the U.S. is perfectly acceptable as long as it is from a lawful source.

You are allowed to use any legally acquired funds. The money does not need to come from your home country. The fact that you also have US tax returns is helpful, as your attorney will need to prove the lawful source of funds.

You can use any funds lawfully obtained by you in any country, including the United States. Just make sure you can document everything.

As long as you were in status then your earnings were lawfully earned, you can use it for an EB5 investment.

The EB-5 rule requires that the investment funds be from legal source, but there is no requirement that the funds come only from overseas. Thus, you could use your earnings from your H1-B employment for an EB-5 investment. This has been done in the past successfully.

Funds for investment must be legally and lawfully obtained and transferred.

The investment can come from any lawful source. If you are in the U.S. and are lawfully eligible to work here and have paid taxes, you can use these funds for the EB-5 investment. You should provide a tracing of all the funds such as employment records, pay stubs, tax returns, W-2s, employment authorization or H-1B approvals and employment verification letters.

You can use funds earned in the U.S. for an EB-5 investment, as long as the funds were earned while the person was in a status that permitted him to work in the United States. Tax returns for the past five years, if existing, would have to be shown, as well as W-2s and pay stubs to verify the receipt of the funds.