I have written down the basic rules for EB5 investment here.

Most people are worried about the money needed to file EB5 and how to collect those funds.

I try to list down all possible options for you.

How to Collect EB5 Funds

You will need at least $800k to file your EB5 Green card.

Realistically, you will also need an additional $50k to pay for the attorney fee, USCIS fee, and EB5 project admin fee.

Hence, plan for at least 880k to have in hand to take the jump for EB5 investment.

There are various creative ways of collecting funds for your EB5 Investment. We share some of them which are not commonly known to people.

#1 Use 401K Money

You can use your 401k directly as the EB5 investment. The most important thing to understand here is that the project you invest in should be available as the investment in your 401k provider portfolio.

What’s the solution then?

The solution is to move your 401K money from Fidelity to a provider that has the specific project that you chose for EB5 as an investment option. To find this 401K provider, you can ask the EB5 project’s team as they have all the information.

As an example, the Alto IRA has Behring’s EB5 project listed as an investment.

So, you would need to move your 401K money from Fidelity to Alto IRA to use it as an EB5 investment.

Can I move my 401K to another provider If I am currently working for the same company?

That’s a problem. You can only move the amount of money in your 401K to another provider that is not from your current employer.

This is an IRS rule and has nothing to do with USCIS, Fidelity, or any other 401k Provider.

#2 Roth IRA

You can use the same strategy as we mentioned for 401K above for using your Roth IRA for EB5 investment.

The other method is to withdraw your Roth IRA and use it as cash for the EB5 project.

You will be able to withdraw the Roth IRA amount that you contributed without any tax penalties.

If you withdraw the growth (the amount that increased due to the market), you will have to pay the penalty and the tax as per withdrawal rules.

#3 EB5 Project Unsecured Loan

Most EB5 project companies also give you an unsecured loan at the market rate.

This can then be used as the EB5 investment in your name to become eligible for the Green card.

You can get a loan of up to 500k for an investment of 800k. You will have to put in your 300k.

This loan follows the market APR rate and is usually 3-4% above the normal APR.

#4 Money from India/China or Home Country

You can get money from your home country like India or China by selling your assets there.

1. Sell Home Country Property – Many people sell their homes or other property to collect money for EB5.
2. Mortgage/ Loan on the property – The other way is to take a loan on the property in the Home country and then use it to fund the EB5 project in the USA.
3. Borrow from Family & Friends – You can also borrow from relatives, parents, or friends but will need all their proofs of income which may be a little cumbersome to collect.

This is allowed as long as you can prove that money to buy a home was earned legitimately and no taxes are due to the respective home country government.

#5 Other Sources

Whatever sources of money you use, make sure that it is the legitimate source as you will need to submit proof of it.

EB5 Green Card Processing Time

These times can vary but we have provided an estimate based on our understanding.

1. EAD & AP:
   • 5-6 Months to get EAD for work, 10-12 months to get Advance parole for travel.
2. Conditional Green Card:
   • Consider 2-6 years based on your EB5 sub-category and the status of your visa bulletin.
   • If your EB5 priority date (I526 receipt date) is current in the visa bulletin, then you are eligible for a 2-year conditional green card.
   • Your i526 will not be approved until the date gets and remains current.
3. Final Green Card
   • Your I526 should be approved.
   • You will have to apply using the I829 form and request to remove conditions from your conditional green card. This can take several months/years too based on USCIS processing time.
4. Citizenship/Naturalization
   • Your time on a conditional green card should be counted for your Naturalization/Citizenship but you can’t apply for citizenship until your I829 is approved.

Child Age Protection Using EB5

Your child’s age will be locked when you file I485 with your I526e application.

The child should stay unmarried until they get the greed card though.

FAQ

More Questions?

Ask them in the comments and I will try to answer them to the best of my knowledge.

The post How to collect money for USA EB5 Green Card? appeared first on AM22Tech.

You can even start your own business and if you can create 10 jobs, you will be eligible for a green card.

You are allowed to buy an existing USA business and still be eligible for an EB5 green card.

EB5 Investment Rules

#1 Investment Amount

• Rural Areas or targeted employment areas (Urban high unemployment): Investment of $800k required.
• Urban Area: A $1+ million investment is required to be eligible for an EB5 Green card.

The Immigrant Petition by Alien Investor (Form I-526e) petition form is required to file your application.

#2 Priority Date Retention

If you have multiple approved EB5 petitions, then you can use the earliest priority date, which is the date on which the petition was properly filed.

Also, you cannot use your EB2 or EB3 PD date with the EB5 application. Basically, you cannot port your EB1/2/3 green card queue date to the EB5 application.

#3 Managerial Control / Money at Risk

Your investment for the EB5 Green card should be at risk, meaning that it is invested in a real business. No risk means that USCIS will reject your application.

#4 Full-time jobs for 10 workers

Your company should create 10+ full-time jobs in the USA for U.S. citizens, lawful permanent residents (Green card holders), or other immigrants lawfully authorized to be employed in the United States.

You can count the jobs for these people:

• US citizen
• Green card holder
• Conditional resident (Conditional green card holder)
• Temporary resident,
• Asylee,
• Refugee,
• A person residing in the United States under suspension of deportation

You cannot count the jobs where these visa holders are working:

• H1B
• H4 EAD workers
• L1/L2 visa workers
• L2 EAD workers
• F1 OPT workers

You cannot count yourself, your spouse or your family members to satisfy this 10-employee requirement.

New Business

There are strict rules for starting a new business or buying an existing one if you want to use it to file your EB5 Green card.

The business should be run for profit. Non-profit companies are not eligible for EB5 green cards.

This company can be run as:

• A sole proprietorship
• Partnership
• Holding company and its wholly owned subsidiaries (provided that each subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business);
• Joint venture
• Corporation
• Business trust
• Limited liability company (LLC)
• Other business entities, which may be publicly or privately owned

FAQ

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