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Questions and Answers > EB-5 Requirements

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

I am in the United States on an H1-B visa and am considering applying for a visa through the EB-5 investment program. Do the funds need to come from my country of origin or can i use the money I have earned in U.S. to fund my application or project? What steps can I take or actions should I avoid if I want to use these funds for an EB-5 investment? I have tax records for the past four years.

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Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

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

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    Lynne Feldman

    Immigration Attorney
    Answered on

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

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    Rohit Kapuria

    Immigration Attorney
    Answered on

    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.

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    Ed Beshara

    Immigration Attorney
    Answered on

    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.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    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.

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    Mona Shah

    Immigration Attorney
    Answered on

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

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

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

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    Kyle Barella

    Immigration Attorney
    Answered on

    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.

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    Robert Baizer

    Immigration Attorney
    Answered on

    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.

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    Shenila A Momin

    Immigration Attorney
    Answered on

    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.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

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