How can my EB-5 application move faster as an F-1 holder? - EB5Investors.com

How can my EB-5 application move faster as an F-1 holder?

I am an international student on an F-1 visa interested in the EB-5 visa. Can my dad gift me funds for EB-5 investments or should I use a loan? Is the transition from F-1 to EB-5 faster than for those outside the U.S.? Will I bypass the India backlog as an F-1 holder?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

EB-5 Immigration attorneys
Answered on

If you apply in the US you can do concurrent filing and get a work and travel permit while waiting—if you have lawful funds in the US, that’s best. And if gifted, need to do source of funds report on giftor.

Lynne Feldman

Lynne Feldman

EB-5 Immigration attorneys
Answered on

Either a gift or loan may work for the EB-5. The F-1 has no effect on the processing of your EB-5 but EB-5 is much faster for Indian nationals than other categories especially the EB-5 categories now showing as current in the most recent Visa Bulletin.

Tony W. Wong

EB-5 Immigration attorneys
Answered on

Your dad can gift you funds for EB-5. Currently, it is much faster to get EB-5 conditional green card in the U.S. when you file I-485 application than through the U.S. Consulate in your country. There is not backlog for Indian petitioners so that you can file I-485 application.

Michael A Harris, Esq

Michael A Harris, Esq

EB-5 Immigration attorneys
Answered on

Yes, your father may gift you the EB-5 investment funds. Gifts and loans are both permissible under the EB-5 Reform and Integrity Act of 2022, and the 2020 Zhang v. USCIS court decision confirmed that even unsecured loans can be used. No matter what, both options require full documentation of your father’s lawful source and path of funds. A gift is often preferable because it’s simpler as there’s no need to document repayment terms, collateral, or legal enforceability, all of which are required for loans. If you invest in a project that qualifies for reserved visa set-asides (e.g., rural or high-unemployment areas), and file your I-526E while on F-1 status in the U.S., you may also file a concurrent I-485 Adjustment of Status application. This would allow you to stay in the U.S. and apply for work and travel authorization—even if others from India are waiting for unreserved visas.

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