How can we help finance our son's EB-5 investment? - EB5Investors.com

How can we help finance our son's EB-5 investment?

Our son is in the United States on a work visa. He has decided to apply for an EB-5 green card by investing $500,000. Can he, as the EB-5 applicant, acquire the required amount by way of a gift from parents and family members in India? Is it admissible if, we, as his family members raise part of the required amount as a loan from banks against our free-hold, unencumbered assets like gold, land or a house?

Answers

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

An EB-5 investor can use a gift and loans should be secured by personal assets. You should work with EB-5 immigration lawyers who can work on this more closely, but you may have a good start here.

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

Yes, you can qualify by investing $500,000 normally through a regional center and can demonstrate a lawful source of funds - the fact that the parents made a gift of the amount. You would also have to demonstrate the manner in which the $500,000 was earned by the parents. If the required amount is a result of a loan from a bank, you would have to show that your parents collateralized the loan, as indicated in your question, by unencumbered assets like gold, land or a house.

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

Yes, currently gifted funds from any person may be used for EB-5 investment. Proposed legislation limits funds to certain close family members. Loan proceeds may be used if the loan is secured by personal assets of the EB-5 investor.

Marisa Casablanca

Marisa Casablanca

Immigration Attorneys
Answered on

An individual may invest funds that are acquired through a gift into an EB-5 project. Any funds raised must be based on personal collateral.

Kyle Barella

Kyle Barella

Immigration Attorneys
Answered on

An investor can fund his/her EB-5 investment by way of a gift. This is acceptable. If an investor is obtaining a loan, the money must be secured on the personal assets of the investor.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
Answered on

An EB-5 investor's source of funds can definitely be from a family/friend's gift or loan. In either case of gift or loan, you must show how the family/friend obtained his/her money and be able to show the legitimate source of those funds (i.e., salary, bank loan document, house sale, etc).

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

That should work.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

Presently gifts can be from anyone; however, the new law will restrict gifts to close nuclear family members. Also, any gift has to be secured by adequate collateral.

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