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How can I use money from U.S. sources to invest in EB-5?

I have been working in the U.S. on an H-1b visa since 2013. Now I want to do a direct EB-5 investment. The majority of my investment money will come from my savings, which have been generated from my income in the U.S. How can I use these funds to be eligible for an EB-5?

Answers

• Julia Roussinova

  Immigration Attorney

  Answered on March 6, 2019

  There is no issue to use U.S.-sourced funds from H-1B employment accumulated over time. You should hire an experienced EB-5 immigration counsel who will review your source of funds documents, including your tax returns and pay stubs, and competently prepare your I-526 petition for submission to USCIS. A direct EB-5 case must be accompanied by a five-year, EB-5-compliant, comprehensive business plan and a new commercial enterprise in which you will invest in must be properly structured to avoid you violating your H-1B visa terms. We have handled many cases like this.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on March 4, 2019

  This is fully permissible.

• Lynne Feldman

  Immigration Attorney

  Answered on March 1, 2019

  They can be used. Show tax returns pay stubs, etc.

• BoBi Ahn

  Immigration Attorney

  Answered on February 27, 2019

  You can use funds/income earned in the U.S. as source of funds for EB-5 investment. You will need to provide tax, income and savings account documentation to show legal source of funds derived from income.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on February 27, 2019

  You can use the funds earned in the U.S. for an EB-5 investment.

• Charles Foster

  Immigration Attorney

  Answered on February 27, 2019

  You may use lawful U.S. source funds for the purposes of making the EB-5 investment. As part of your EB-5 petition on Form I-526, you must show a lawful source of funds which can include proof of your savings from your U.S. employment.

• Phuong Le

  Immigration Attorney

  Answered on February 26, 2019

  Perfectly acceptable. Have your 1099s/W-2s from the years you earned the seed money, as well as statements from your investment accounts showing your earnings throughout the years.

• Blake Harrison

  Immigration Attorney

  Answered on February 26, 2019

  Funds earned legally in the U.S. are allowed to be used for EB-5 investments. You will want to include documents showing how you earned and saved the funds.

• Stephanie Lee

  Immigration Attorney

  Answered on February 26, 2019

  The source of the funds from the U.S. income is perfectly fine. In fact, it might be easier to prove, as you don't have to translate any documents from your home country. Further, you generated income on your H-1B visa, which makes it legal to work in the U.S. You definitely can use it as a lawful source of the funds.

• Dale Schwartz

  Immigration Attorney

  Answered on February 26, 2019

  Yes, you can use funds earned in the U.S. Many of our clients do this successfully. Let me know if we can help you with the EB-5 process.

• Marko Issever

  EB-5 Broker Dealer

  Answered on February 26, 2019

  As long as you can document your source of funds of the U.S. income, there is absolutely no problem in using those funds for your direct EB-5 investment.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on February 26, 2019

  Yes, you can use the income generated within the U.S. for EB-5 investment.

• Salvatore Picataggio

  Immigration Attorney

  Answered on February 26, 2019

  As long as I can track them from lawful sources (like lawful U.S. employment) into your personal account and then to the project, it should be fine. I hear this a lot, but there is no EB-5 regulation that I know of that specifies that the investment capital has to be from in or out of the U.S. Could be either!