Questions and Answers > EB-5 Requirements

How can I use loans secured by a U.S. property to fund EB-5?

If I am a foreigner, can I take a home equity loan from a property I own in the United States and use it to fund my EB-5 visa? I was not sure if the funds need to come from outside the U.S. or if it is OK to use investments coming from the United States.

Answers

• Julia Roussinova

  Immigration Attorney

  Answered on September 19, 2018

  Loan proceeds from a loan secured by a collateral in your name are lawful source of funds for EB-5. Property must be appraised to show its appraised value is equal to or higher than the loan proceeds. You must also show lawful source of funds for the moneys used to purchase the property originally. It may or may not be difficult for you to secure a loan from an accredited institution in the U.S. if you are a foreigner, depending on the credit history you have (if any) and value of the property.

• Marisa Casablanca

  Immigration Attorney

  Answered on September 11, 2018

  Yes, you can secure a loan with property in the United States. However, it must be personal property, not property owned by a corporation.

• Daniel A Zeft

  Immigration Attorney

  Answered on September 10, 2018

  Yes, the funds for your EB-5 investment could come from a loan which is secured by personal property that you own in the United States.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on September 10, 2018

  The EB-5 funds do not need to come from outside of the United States. A home equity loan is a great source of funds, but make sure to document the lawful source of funds you used to purchase the property in the first place.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on September 10, 2018

  It is acceptable to use loans secured by property in the U.S. which you 100 percent own, but you have to prove where the money came from to purchase the home.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on September 10, 2018

  You can certainly use the funds from your investment in the U.S. for an EB-5 petition. With regards to your real property, make sure you properly document the real estate transaction sale. In addition, be ready to provide information on how you acquired the property in the first place by showing how you obtained financial resources, through legal source(s), to purchase the property.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on September 7, 2018

  It is OK to use funds from the U.S.

• Blake Harrison

  Immigration Attorney

  Answered on September 7, 2018

  Yes, you can obtain a home equity loan from your property in the United States to fund your EB-5 investment.

• Ying Lu

  Immigration Attorney

  Answered on September 7, 2018

  Yes, you can. It does not matter where the EB-5 funds are originated as long as you can clearly document the source of the funds. For a home equity loan, you also need to prove how you initially acquired the real property.

• Dale Schwartz

  Immigration Attorney

  Answered on September 7, 2018

  Yes to all your questions. But be sure to put the house up as collateral. Please check with an experienced EB-5 lawyer. And hurry before Congress raises the minimum amount to well over $1 million, as is proposed.

• Lynne Feldman

  Immigration Attorney

  Answered on September 7, 2018

  A loan on U.S. property is fine, so long as it is not a loan on the project you are investing in.

• Jinhee Wilde

  Immigration Attorney

  Answered on September 7, 2018

  There is no requirement that the investment funds for EB-5 must come from a foreign country. As long as you could prove that the original source for the house purchase came from a legal source, there is no reason why you cannot use a home equity line as part of your source of funds.

• BoBi Ahn

  Immigration Attorney

  Answered on September 7, 2018

  The source of your funds can be from the U.S. (i.e., loans). It does not need to be from outside the U.S. for EB-5 purposes.

• Salvatore Picataggio

  Immigration Attorney

  Answered on September 7, 2018

  Funds can come from the U.S. and, as you said, a secured loan can be acceptable. However, more may be needed to prove the original property ownership and how that was paid for, so please consult with an immigration attorney.

• Charles Foster

  Immigration Attorney

  Answered on September 7, 2018

  Yes, you could take a home equity loan from your property and use those funds to make a qualifying investment for EB-5 purposes, either a direct investment or through a regional center. Your loan would obviously be secured by a mortgage on the property. You can use the investment funds coming from sources within the United States.