What are the proof of funds requirements when using home equity as a direct EB-5 investment? - EB5Investors.com

What are the proof of funds requirements when using home equity as a direct EB-5 investment?

I have around $1 million in home equity in my investment property within the United States. For EB-5 direct I-526 proof of funds, can I submit the property appraisal indicating its latest market value, or should I obtain a loan such as a HELOC beforehand and show that approval as the available funds? Is demonstrating the equity through an appraisal or HELOC satisfactory, or is it necessary to withdraw the funds and transfer them to the company’s account before filing I-526? This will be an EB-5 direct investment.

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

You need to withdraw and irrevocably commit the funds before filing your I-526. And remember you also have to show how this investment will create jobs.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

The requirement is to demonstrate that you have invested, or are in the process of investing, the required amount of capital. While you could try the “in the process of investing” route, your I-526 petition must also be approvable when filed with USCIS. Therefore, it is best, particularly if there is no escrow account involved, for you to invest the full amount of capital before filing the I-526 petition for your direct EB-5 case.

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