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Questions and Answers > EB-5 Requirements

Is there an age limit for the EB-5 Visa Program?

I have an investor interested in the EB-5 program. Is there an age limit for an eb-5 investor? The person who wants to make the investment is 18 years old.

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    The person is eligible to apply. For further information please contact Rahbaran & Associates.

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    Clem Turner

    Securities Attorney
    Answered on

    A minor under 21 will be entitled to rescind any contract prior to or upon reaching their 21st birthday. Therefore, the documents that you use to sell them the Investment and set forth their rights as an Investor,would be subject to recession. Thus it is not a good idea to sell the interests to a minor, unless you can have a guardian co-sign.

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    Mahsa Aliaskari

    Immigration Attorney
    Answered on

    The individual may invest under the program, as with any EB-5 investor, he/she would need to provide documentation verifying the lawful source of funds and tracing of the fund to the new commercial enterprise in the U.S. For example if the individual received the funds as a gift from a parent, he/she would need to show that the giftor obtained the funds legally and as the giftee that he/she paid any required gift taxes in the home country.

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    Boyd Campbell

    Immigration Attorney
    Answered on

    Generally, EB-5 investors must be old enough to enter into a binding contract in the state where the EB-5 investment project is located.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    There is no age limit to the EB-5 investor as long as the person is of legal age, which is 18 years old. However, since 18 year old probably does not have the assets or income to be eligible as an EB-5 investor on his own, the parents or some other guardian giving him the investment funds need to show the clean source of funds.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    There is no age limit as long as the person is of the age of majority, which is age 18. For someone who is that young, it will be important to explain how he or she has acquired the funds, such as inheritance or gift, or other legal source. Investment funds must come from the investor and he or she must otherwise qualify for the EB-5 program. I recommend that you contact our office to discuss this in more detail should you have further questions.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Thanks for your question. There is no age limit for the EB-5 program. The immigration law and regulations do not set a minimum (or maximum) age limit. In most cases, however, since the investor will be signing legal documents, the EB-5 regional center projects require an investor to be at least 18 years of age, the legal age where contracts are enforceable. You should check with the prospective EB-5 regional center to see if they have other requirements for admission to their current investment project. I hope this answered your question.

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    Karen Weinstock

    Immigration Attorney
    Answered on

    There is no age limit for an EB-5 investor, however for such a young investor as 18, you would have to explain in detail how he/she acquired the funds - it has to be their own funds not parent''s.

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    Taher Kameli

    Immigration Attorney
    Answered on

    There is no age limit for EB5 investment, however, the investor has to show where he has obtained the money.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    There is no age limit for the EB-5 program, however you need to demonstrate the source of funds. If the person is that young, you probably need to show how his parents obtained the wealth and if the parents gifted the money a proper gift.

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    Christina L Rogers

    Securities Attorney
    Answered on

    As for an age limit on an EB-5 investment, as long as the person is an adult over age 18, they may file the form 526. The only time age matters is if the parent is applying and children accompany the application. They have to be under age 21 to be included on a parent''s application.

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    David Frenkel

    Immigration Attorney
    Answered on

    There is no age limit as far as the US CIS is concerned. I think that another issue that needs to be considered is whether or not a person who is 18 years of age is legally permitted to enter into contracts and to perhaps serve on the board of the Corporation if that is part of the EB5 sponsors methodology for investor cases. That would be dependent upon the state in which the EB5 investment is being made and you would have to check the law of the State of investment to determine if there is an issue with the legal capacity of an 18-year-old.

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    Erinna D Brodsky

    Immigration Attorney
    Answered on

    There is currently no age limit.

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    Lei Jiang

    Immigration Attorney
    Answered on

    He has to be an adult, 21 years old.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    There is no age limit per se, as long as investor is old enough to enter into a contract. However, with one so young, I assume the funds are either inherited or gifted which requires explanation of the legality of the funds.

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    Hans Burgos

    Immigration Attorney
    Answered on

    There is not. However, the person must be a qualified investor.

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    Ed Beshara

    Immigration Attorney
    Answered on

    There is no age limit except the investor must be at least 18 years old. That is, at 18 years old the investor can enter into legally binding contracts, and obtain there conditional permanent residency.

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    Bernard Sidman

    Immigration Attorney
    Answered on

    There is no age limit but the person must have the legal ability to enter a contract so the person needs to be at least 18. So this person will qualify.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    An 18 year old can be an EB-5 investor.

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    Alice H Sun

    Immigration Attorney
    Answered on

    No, there is not an age limit for the EB-5 visa program.

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    Lana Kurilova-Rich

    Immigration Attorney
    Answered on

    18 is an acceptable age.

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    Angeline Chen

    Immigration Attorney
    Answered on

    18 is fine.

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    Anthony Ravani

    Immigration Attorney
    Answered on

    The age 18 is the minimum. But then the question would be where did he get that kind of money being only 18 years old? This is still doable if the money was given to him as a ''gift.''

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    Neville M Leslie

    Immigration Attorney
    Answered on

    No, there is not an age limit for the EB-5 program.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    The investor has to be an adult to qualify.