All EB-5 investments must be thoroughly sourced to show they were obtained legally, ensuring the legitimacy of the investment. Investors can use multiple lawful sources to fund their investments. However, there is often confusion on the difference between a gift and an inheritance. The main difference between a gift and an inheritance is the time...
Rakesh Patel and Jacqueline Trevino
Sep252024
Spouses can combine funds, such as salary, to meet the required investment amount for an EB-5 application. However, only one spouse can be the primary investor. The EB-5 program allows the primary investor to include their spouse and unmarried children under 21 to be a part of the application. If the investor and their dependents...
How to Utilize Rental Income for EB-5 Investments All EB-5 investment funds must be traced with thorough documentation proving they were lawfully obtained. This is critical to obtain approval of your EB-5 application. The source of funds can vary widely, from income savings, business profits, and sale of assets to gifts and inheritances. Each source...
Aug152024
Job creation is central to the EB-5 Immigrant Investor Program because it aligns with the US government’s goal of stimulating economic growth through foreign investment. The program requires each EB-5 investment to result in the creation of at least ten full-time jobs for US citizens or green card holders within a minimum two-year timeframe. Part-time...
Using proceeds from a property sale is a viable strategy for meeting the EB-5 investment requirements. Here’s how investors can leverage this method: Property Valuation and Sale: Obtain a professional and accurate appraisal of the property to determine the market value of the property Engage with a real estate professional to list and sell the...
Since the passage of the EB-5 Reform and Integrity Act in March 2022, EB-5 investors are allowed to file Form I-485 (Application to Register Permanent Residence or Adjust Status) concurrently with Form I-526 or I-526E, provided a visa would be immediately available to them upon petition approval. This means that if the investor’s priority date...
Upon approval of Form I-526 or I-526E, EB-5 investors are granted a conditional green card that is valid for two years. To transition from a conditional green card to a permanent green card, investors must go through the removal of conditions phase, which involves filing Form I-829. Adjudication Process Form I-829, Petition by Investor to...
One of the key challenges for EB-5 investors is identifying investment funds. Many focus on personal earned income, gifts, or loans; however, another viable option is to use profits from an existing business the investor owns. EB-5 Investment Requirements Investors must invest $800,000 or $1.05 million, depending on whether the project is in a Targeted...