Charles Kaufman
Securities AttorneyThe requirement that you be an accredited investor arises under U.S. securities laws rather than immigration law or USCIS policy. For immigration purposes under EB-5, $500,000 is a qualifying investment if the project is in a targeted employment area. However, to comply with U.S. securities laws, EB-5 sponsors can generally offer their opportunities in the U.S., or sell to a U.S. person, only if the investor is accredited. To be accredited you must have net worth in excess of $1 million (not including equity in your primary residence) or have had income of at least $200,000 in the last two years (or $300,000 as a couple if you are married). There is no provision to include wealth or income of a parent or any other person except a spouse. If the investor does not meet the test, the issuer of the investment may be committing a serious violation of the Securities Act of 1933. To reach accredited investor status through gifted funds, you would need to receive a gift of $500,000 in addition to the $500,000 that will be invested in the EB-5 opportunity to give you $1 million in net worth. The U.S. Securities Exchange Commission provides information on being an accredited investor at https://www.investor.gov/additional-resources/news-alerts/alerts-bulletins/updated-investor-bulletin-accredited-investors.