1. What Sources of Funds Are Acceptable for an EB-5 Investment?
The following sources of investment funds are generally acceptable for the EB-5 program:
- Employment income and bonuses
- Inheritance
- Gifts
- Stock investments
- Profits from real estate transactions or business operations
- Loans secured by real estate assets
- Loans obtained through the investor’s business
- Loans from financial institutions
- Loans from family members or friends
All investment funds must be legally obtained and properly documented.
2. Can Multiple Sources of Funds Be Combined for an EB-5 Investment?
Yes. U.S. Citizenship and Immigration Services (USCIS) allows investors to combine multiple sources of funds, provided that each source is lawful and fully traceable.
Investors may be required to provide supporting documents such as:
- Purchase and sale agreements and bank statements (for real estate transactions)
- Gift agreements and related tax documents
- Loan agreements and proof of collateral (for bank loans)
- Additional supporting documents as requested by immigration attorneys
Proper documentation is essential to demonstrate the lawful source and path of the investment funds.
3. If an EB-5 Project Fails, Can I Still Obtain Permanent Residency?
Yes. USCIS primarily evaluates two key factors when determining eligibility for permanent residency:
- Whether the required jobs have been created.
- Whether the investment capital has remained at risk for the required period.
Even if an EB-5 project does not succeed financially, investors may still qualify to file Form I-829 and obtain permanent resident status if the project has created the required number of qualifying jobs and the investment requirements have been satisfied.
4. When Is a Child’s Age “Frozen” Under the EB-5 Program?
One of the biggest concerns for EB-5 investors is ensuring that their children do not “age out” by turning 21 during the immigration process.
The Child Status Protection Act (CSPA) provides important protections that may preserve a child’s eligibility for immigration benefits. When Form I-526, Immigrant Petition by Alien Investor, is filed, a child’s age may be protected during certain periods of petition processing.
This protection helps safeguard a child’s eligibility if government processing times are extended, reducing the risk that the child will lose eligibility due to aging out during the immigration process.