Questions and Answers > Other Eb-5 Questions

How can EB-5 investors use their shares in an EB-5 project for loans?

Are EB-5 investors allowed to mortgage their EB-5 shares in a project for loans and use that capital for other non-EB-5 purposes? If their regional centers approve it and the financial institutes agree to grant a loan, does this conflict with any USCIS rules?

Answers

• BoBi Ahn

  Immigration Attorney

  Answered on November 14, 2019

  There are no USCIS regulations specifically barring this to the best of my knowledge.

• Lynne Feldman

  Immigration Attorney

  Answered on November 13, 2019

  This is not permitted to the best of my knowledge.

• Salvatore Picataggio

  Immigration Attorney

  Answered on November 13, 2019

  Technically, USCIS seems to say nothing about it, but I would be wary of it being considered a redemption scheme. You do not want to do that.

• Phuong Le

  Immigration Attorney

  Answered on November 13, 2019

  It is completely ok as long as you find a lender who is willing to accept your shares as collateral.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on November 13, 2019

  It is not allowed in the EB-5 circumstance. Generally, neither the regional center nor the bank will not even agree to such a proposal.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on November 13, 2019

  There should not be a problem if this asset is used to secure other loans.

• Ed Beshara

  Immigration Attorney

  Answered on November 13, 2019

  First, retain the services of an experienced EB-5 immigration attorney. Your personal investment in an EB-5 project has to remain fully sustained and invested 100% at risk at a minimum during the period of conditional permanent residency.