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Questions and Answers > EB-5 Investments

How can an H-1b visa holder establish a startup and file for EB-5?

I am currently in the U.S. on an H1-b visa. I have a startup idea, but not enough money to invest in it. Can I get a venture capital fund or angel investment to start a company and file for EB-5 green card with that?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    As an H-1B visa holder, you can make an investment and even establish a company. You are only authorized to work, however, under the terms and conditions of your existing H-1B petition for your H-1B petitioner/employer.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    EB-5 investments need to be personal funds. You can surely get outside investors but $900,000 or $1.8 million needs to come from you as well.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Generally No. It has to be your money, legally earned, to get EB-5 approval. You have to show where the money came from. It can be an inheritance, a gift, a secured loan, etc. But investment by someone else will not count.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    You cannot. You must use your own capital as a basis for an EB-5 petition. Venture capitals can invest in it too, but to file an I-526s, you must invest your funds.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Not likely to work for EB-5 as it is not your money.t is money invested in the company.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You have to make the investment of your own money; arguably if it is loaned, under a recent court case, you may be able to use loan proceeds to file for an EB-5 green card.

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    Ying Lu

    Immigration Attorney
    Answered on

    You have to personally invest the minimum investment amount required by the EB-5 program. It has to be from your personal assets, though the new commercial enterprise can be a joint venture with your own funds and venture capital funds.