Call Us!

+1-800-997-1228

Free Evaluation

Please click here to get started

EB-5 Visa Eligibility Evaluation

Please fill out the form below

Free Evaluation

Please fill out the form to get started

First Name(Required)

Last Name(Required)

Phone Number(Required)

Email Address(Required)

Current Location(Required)

Message

Email Signup

I would like information via email including special announcements.

Email

This field is for validation purposes and should be left unchanged.

Who should submit a Free Evaluation form?

For Investors

Our professionals will evaluate your EB-5 visa eligibility at no cost, to help you understand the EB-5 visa program for general immigration purposes.

For Developers

Our team is ready to help you understand how EB-5 financing works, and to provide a cost-free assessment of whether your project may be a good fit for EB-5 investors.

Questions & Answers > EB-5 Requirements

How can I use loans against fixed deposits of a business for EB-5?

My EB-5 investment money was gifted by my brother and my father. Out of the gifted money, $300,000 was loaned from a bank against their shares in a private partnership firm”s fixed deposit. They do not own the full stake. When the money was taken as loan against firm”s fixed deposit, consent was given by other partners. Will this transfer can cause an issue?

Click here for a Free Evaluation

Answers

A Olusanjo Omoniyi

Find an EB-5 Visa Lawyer: Immigration Attorney

Answered on August 20, 2020

While this sounds alright, you may have to provide further explanation on whether you are dealing with a situation in which the loan is conditioned on the return on your investment. This is because one of the requirements of EB-5 investment is that it is an investment at risk. The loan at issue cannot be based on the EB-5 investment project itself serves as collateral for the loan. Although, your case appears to be a loan coming from a partnership to you. However, be careful to ensure the loan cannot be a loan with a recourse to the members of the partnership that will affect your EB-5 investment otherwise, this will render your EB-5 petition unapprovable.

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney

Answered on July 17, 2020

They may have to show that their loans were sufficiently secured by their ownership interest.

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney

Answered on July 17, 2020

As long as not secured by the business for the EB-5, then it should work, but would need more details.

Belma Demirovic Chinchoy

Find an EB-5 Visa Lawyer: Immigration Attorney

Answered on July 17, 2020

This should be fine. Your attorney will guide you in establishing the source of the funds.

Stephen Berman

Find an EB-5 Visa Lawyer: Immigration Attorney

Answered on July 17, 2020

Probably. If it is a loan, then it may not be your money.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.

Home / Questions / How can I use loans against fixed deposits of a business for EB-5?