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Can we use money earned in the U.S. as our EB-5 funds?

My wife and I have been in the U.S. on H1-B visas for the several years. Can we use our savings earned from U.S. sources to fund our EB-5 investment? Does the EB-5 fund have to be from foreign sources?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Capital lawfully obtained in the United States can be used for EB-5 purposes. The funds do not have to come from foreign sources, just from lawful sources. The way your source of funds and path of funds are documented is key to the approvability of your I-526 petition.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    Funds earned in the U.S. can be used for an EB-5 investment.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, you may use money earned in the U.S. for EB-5 funds, as long as you can trace the funds to a lawful source (i.e., income, savings, etc.).

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes, you can use funds earned from your lawful U.S. source for the purposes of making an EB-5 investment.

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    Robin J Gray

    Immigration Attorney
    Answered on

    Yes, you can use legally earned money and savings from the U.S. to fund your EB-5 investment.

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    Barbara Suri

    Immigration Attorney
    Answered on

    You may use money earned from any legal source to fund an EB-5 project.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Of course! You can use the funds you earned in the U.S. as long as you can prove the source of your funds. The funds that are invested in EB-5 do not have to come from foreign sources.

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    Phuong Le

    Immigration Attorney
    Answered on

    Perfectly fine to use U.S. funds. Paychecks, W-2s and tax returns are generally sufficient.

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    Olga Karasik

    Immigration Attorney
    Answered on

    You can use your savings earned in the U.S. Money does not have to come from a foreign source.

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    Robert West

    Immigration Attorney
    Answered on

    You can as long as the money was earned lawfully and can be documented.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    EB-5 funds do not have to be from foreign sources and can originate from the U.S.-earned income if income is sufficient to evidence savings over time. We have handled multiple EB-5 cases when H-1B holders generated funds from the U.S.-earned salaries or other U.S. investment sources.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Absolutely.

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    Sally Amirghahari

    Immigration Attorney
    Answered on

    Yes, you can use it.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    U.S.-earned money is OK. We have done many similar cases. As long as the money was legally earned.

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    Evelyn Hahn

    Immigration Attorney
    Answered on

    As long as you earned your income, while you have valid work authorization in the U.S. (i.e. H-1B), you can utilize your savings earned from U.S. sources to fund your EB-5 investment. However, in case your saving account where you saved your income earned from U.S. sources is commingled with other funds that are from foreign sources, especially in large amount, you will likely be required to prove the source of other funds saved in the same savings account.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You can certainly use the money earned in the U.S. while on the H-1B visa.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    There is no requirement that funds have to be from abroad, so as long as they were lawfully earned even in the U.S., you should be able to use these funds.

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    Abhinav Lohia

    Immigration Attorney
    Answered on

    You can use funds generated in the United States. There is no restriction on using funds generated in the United States as long as you can document the source of funds.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Absolutely. The requirement is only that you can document the lawful source of your funds.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Just legal and lawful sources. Lawful employment in the U.S. can be part of your investment, and retaining the services of an EB-5 attorney will help you plan for the source or sources of funds and what documentation is needed to show USCIS.

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    Daniel B Lundy

    Immigration Attorney
    Answered on

    As long as you earned that money while in lawful status and you had employment authorization, you can absolutely use that money. In fact, it may be much easier to document the lawful source of money earned in the U.S. than money earned elsewhere (assuming you filed tax returns and paid all your taxes). Sometimes where we see issues is if one spouse has employment authorization, but the other does not yet has income from either working without authorization or business income from owning a business. While owing a business and receiving profit is not automatically "working" in the U.S., it will trigger an inquiry into whether the activities constituted "work" or not.

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