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How can I apply for an EB-5 visa with profits I made in the USA while on a B-2 visa?

Would I be able to apply for an EB-5 visa with profits from exchange-traded funds, stock market and crypto while on a B-2 visa in the U.S.? If I wait for the 90-day rule but my funds are sourced from inside the U.S., would that be a problem?

Answers

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    Lynne Feldman

    Immigration Attorney
    Answered on

    No, that will be fine provided you can show the money you invested was lawfully sourced. You may also be able to concurrently file the I-485 if the Priority Date is current and you have maintained nonimmigrant status.

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    Stephen Berman

    Immigration Attorney
    Answered on

    You at least have an argument that you did not engage in unauthorized employment doing online trading while in the U.S.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    There should not be any problem. However, ensure adequate documentation is done.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Passive income is probably OK and all else not OK.

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    Dennis Tristani

    Immigration Attorney
    Answered on

    The source of your EB-5 investment funds can come from the U.S. If you are selling securities and other assets (crypto), USCIS will inquire as to the funds used to purchase the securities/assets before they were sold. I recommend speaking to an experienced immigration attorney concerning your future EB-5 process.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If the funds were earned from unauthorized employment, that would appear to be unacceptable source of funds. But this appears to be passive income, which means this may be a viable source of funds.