What should I look into when applying for an EB-5 loan? - EB5Investors.com

What should I look into when applying for an EB-5 loan?

I’m looking at loans to get part of the money for my EB-5 investment. Besides commercial banks in my home country, I have seen some regional centers in the U.S. offer this payment alternative. Is it safe?

Answers

Lynne Feldman

Lynne Feldman

EB-5 Immigration attorneys
Answered on

Where an installment method is proposed by a client, you should warn them that:
(1) there must be a writing with the NCE allowing it, a deadline for the funding of the final installment, and where the investor may have gone beyond that deadline, an expressed written permission by the NCE for the extension; and
(2) if an RFE or NOID is issued, they need to be prepared to fund the remaining amount or they could face a denial.
We still receive many approvals with partial funding, but they need to be documented correctly, and you should be outlining the remaining source of funds for any future installments as a best practice. I think I/526E approvals where full funding is not completed will be few and far between, this carries significant risk IMO.
With any loan issued, everyone should be reviewing the RIA’s requirements. Where the loan is not from a bank, it must be fully sourced from lawful means. This includes any loans that may come from an affiliate of an RC or NCE. The loan agreement itself is insufficient for lawful source of funds, and there must be documentation as to the source of the funds used to extend the loan. These loans also need to be carefully looked at for collateral, as I believe this are not all approvable. Everyone here should be examining their own warnings given to clients who embark on these loans as a source of funds.

Lynne Feldman

Lynne Feldman

EB-5 Immigration attorneys
Answered on

As long as the loan is not secured by the project itself but rather with your own or family assets you should be OK.

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