Can I use a bank loan for my EB-5 investment? (2024)

Questions and Answers > EB-5 Investments

Can I use a bank loan for my EB-5 investment? If so, what documentation should I compile to avoid any source of funds issues?

Answers

  • Can I use a bank loan for my EB-5 investment? (1)

    Jimena G Cabrera

    Immigration Attorney

    Answered on

    Yes, you may use a bank loan for the EB-5 investment, but the loan must be secured by real estate. Also, the loan cannot be secured by the investment.

  • Can I use a bank loan for my EB-5 investment? (2)

    Charles Foster

    Immigration Attorney

    Answered on

    Yes, under certain circ*mstances you may use a bank loan for your EB-5 investment provided it is fully collateralized. The documents you would need to provide would be the loan documents and evidence of your collateral and perhaps its source of funds.

  • Can I use a bank loan for my EB-5 investment? (3)

    BoBi Ahn

    Immigration Attorney

    Answered on

    Yes, as long as it is a direct loan to you (where you are personally liable for default. Not your company, etc.), you can provide the loan document for your source funds documentation.

  • Can I use a bank loan for my EB-5 investment? (4)

    Dale Schwartz

    Immigration Attorney

    Answered on

    Yes, but the bank loan must be 100% collateralized by the property of the EB-5 investor.

  • Can I use a bank loan for my EB-5 investment? (5)

    Jinhee Wilde

    Immigration Attorney

    Answered on

    The bank loan must be collateralized with the assets you own. The source of funds tracking will start with how the asset being used was obtained to show its legal source. This is a complicated question that you should discuss in detail with your EB-5 lawyer.

  • Can I use a bank loan for my EB-5 investment? (6)

    Parisa Karaahmet

    Immigration Attorney

    Answered on

    Yes, you can use the proceeds of a bank loan. However, please know you must provide a source of funds explanation/report for the collateral used to secure the loan.

  • Can I use a bank loan for my EB-5 investment? (7)

    Rebecca Singh

    Immigration Attorney

    Answered on

    Yes, but you need security/collateral against the loan. You must submit documents to evidence the bank loan with terms and the security against the loan; evidence of your security/collateral and the fair market value; and the initial source of funds for your collateral, along with bank statements for the path of funds. It is best to speak to an attorney.

  • Can I use a bank loan for my EB-5 investment? (8)

    Fredrick W Voigtmann

    Immigration Attorney

    Answered on

    You can certainly use a bank loan as the source of funds for your EB-5 capital. The investor must be personally and primarily liable for the loan and the collateral must be in your name. You will need to show the written loan agreement is properly executed and secured so it will be enforceable in your home country. You should also be prepared to document the full source of funds for your purchase of the collateral in the first place. Consulting with an experienced EB-5 attorney is necessary to complete this process properly.

  • Can I use a bank loan for my EB-5 investment? (9)

    Bernard P Wolfsdorf

    Immigration Attorney

    Answered on

    Yes, you can use a bank loan, but it must be 100% collateralized with your own assets. You need to provide how you earned or acquired the assets used for collateralization.

  • Can I use a bank loan for my EB-5 investment? (10)

    Vaughan de Kirby

    Immigration Attorney

    Answered on

    Yes, you can indeed use a bank loan secured by your property. In addition to the bank loan documents, you will need to document how you were able to buy the property you are using as security for the bank loan. Your investment immigration attorney should be able to help you identify the needed documentation.

  • Can I use a bank loan for my EB-5 investment? (11)

    Austin Kim

    Immigration Attorney

    Answered on

    Yes, you may use a bank loan for an EB-5 investment if the bank loan is made using assets you own. For example, if you own a home that has a value (equity) of $500,000, you can mortgage your home to get the bank loan in the amount of $500,000. To properly document the source of funds, you will need the following: (1) source of funds documents to show how you purchased the home. (2) property registry or deed showing you are the owner of the home, (3) an appraisal report showing the value of your home, (4) mortgage documents and (5) loan proceeds transferring from the lender to your account.

  • Can I use a bank loan for my EB-5 investment? (12)

    Julia Roussinova

    Immigration Attorney

    Answered on

    You may use loan proceeds from an accredited lending institution for EB-5 capital. Your loan must be secured by the assets you personally own (collateral) equal or higher in value to the loaned funds.

  • Can I use a bank loan for my EB-5 investment? (13)

    Natalia Polukhtin

    Immigration Attorney

    Answered on

    A loan is generally a permissible source of funds. However, there are multiple limitations on the use of the loan proceeds. The most important one is that a loan cannot be secured by the assets of the EB-5 enterprise. In this case, USCIS will not count the loan funds toward the investment capital.

  • Can I use a bank loan for my EB-5 investment? (14)

    A Olusanjo Omoniyi

    Immigration Attorney

    Answered on

    Yes, you can use a bank loan for an EB-5 investment. Such a loan must be thoroughly documented and in compliance with the laws of the country where the loan is obtained with information such as a basis for the loan, collateral, when the payment is due, etc.

  • Can I use a bank loan for my EB-5 investment? (15)

    Ian E Scott

    Immigration Attorney

    Answered on

    Yes, but the loan must be secured by personal property. You will need all the details of the loan transaction (e.g. loan agreement), all documents related to the transfer and details on the collateral. The collateral must also be at least equal to the value of the loan.

  • Can I use a bank loan for my EB-5 investment? (16)

    Mitch Wexler

    Immigration Attorney

    Answered on

    You can certainly use a bank loan to fund your EB5 investment. However, the loan must be secured by your personal assets and the Source of Funds exercise must be performed on those personal assets.

Can I use a bank loan for my EB-5 investment? (17)

Can I use a bank loan for my EB-5 investment? (18)

Can I use a bank loan for my EB-5 investment? (2024)

FAQs

Can I use a bank loan for my EB-5 investment? ›

Yes, it is possible to obtain a loan for your EB-5 investment, and the loan proceeds can be used as part or all of your qualifying capital investment. However, it is important to note that the loan must not be secured by the investment project itself.

Can you take loan to invest in EB-5? ›

Yes, you may use loans to finance your EB-5 investment.

The loan may be secured or unsecured. Loans are traditionally secured by the EB-5 investor's personal assets, such a real estate, for a home mortgage loan or a home equity line of credit (HELOC).

How much is the EB-5 loan amount? ›

Currently, under this program, the foreign national must invest $800,000 or $1.05 million, depending on where the project is located, in a new commercial enterprise in the United States. Their investment must create 10 U.S. jobs.

Can you get money back for EB5 investment? ›

The short answer is yes, investors get their investment back. Also, in most cases, EB-5 investors earn significant returns on their investments.

How much investment is needed for EB-5 2023? ›

EB-5 Visa Investment Amount in 2023

According to the USCIS (U.S. Citizenship and Immigration Services), the minimum invested amount a solicitant must fund depends on the petition filing date and the investment location. If the EB-5 Visa petition date is before 3/15/2022, the minimum investment amount is $1 million.

Can you use loan money to invest? ›

Taking out a loan to invest, or “investing a loan,” refers to the practice of using borrowed funds to purchase securities, real estate, or other investment assets, with the expectation that the returns on those investments will surpass the cost of the loan, including interest and any associated fees.

Is it legal to borrow money to invest? ›

It's generally possible to take out a personal loan and invest the funds in the stock market, mutual funds or other assets, but some lenders may prohibit you from doing so.

How to raise money for EB-5? ›

EB5 Source of Funds: 5 Valid Ways to Fund Your EB5 Investment
  1. Earnings from Employment. One of the most common ways for an EB5 investor to fund an EB5 investment is through lawful employment earnings. ...
  2. Proceeds from the Sale of a Property. ...
  3. Gift from an Individual. ...
  4. Loan. ...
  5. Inheritance.

How does EB-5 financing work? ›

What is EB-5 financing and how does it work? EB-5 financing is a type of investment-based immigration program that allows foreign investors to obtain a green card in exchange for investing in a U.S. business. The program is administered by the U.S. Citizenship and Immigration Services (USCIS).

How much should I invest in to get a green card EB-5? ›

In order to qualify for the EB-5 program, investors must make a qualifying investment of at least $900,000 in an approved commercial enterprise. Investors may also qualify by investing $1.8 million if their investment is located in a TEA.

How long does EB-5 approval take? ›

Upon successful completion of the EB5 visa interview, you should be granted an EB5 visa within about a week. This process takes about 6 to 8 months. Once your adjustment of status is approved or you enter the country on a valid EB5 visa, you are officially a conditional permanent resident for 2 years.

Is EB-5 risky? ›

EB-5 visa regulations dictate that the investor's capital needs to be "at risk" and no guarantees are allowed to be offered to the investor on any return on, or of capital. In layman terms, this means that in the process of getting a green card, if not careful, you could potentially lose the entire amount invested.

How long does it take to get EB-5 investment? ›

EB-5 visa processing time for I-526 Immigrant petition ranges between 29.5 and 61 months, as of May 2023, USCIS processing estimates. For investors present in the USA, I-485 Processing time of USA investment Green card application to Adjust Status is 7 to 29 months depending on the service center.

What is the best investment for EB-5? ›

The best EB5 Projects are in the hotel construction and real estate industries. Hotel construction and real estate EB5 Investment Projects have a consistent demand and ensure more than enough jobs to satisfy the requirements of the EB5 Visa.

Is EB-5 worth it? ›

The EB-5 visa is an excellent choice for foreign investors willing to put down the necessary amount of capital required by the United States Citizenship and Immigration Services (USCIS) as part of the category's strict requirements.

Does EB-5 guarantee a Green Card? ›

USCIS administers the EB-5 Program. Under this program, investors (and their spouses and unmarried children under 21) are eligible to apply for lawful permanent residence (become a Green Card holder) if they: Make the necessary investment in a commercial enterprise in the United States; and.

Do investment banks take loans? ›

Unlike traditional entities, investment banks do not provide loans and mortgages to clients or take their money on deposits. They mainly focus on investment-related and asset management activities.

Will banks loan you money to buy stocks? ›

Margin Accounts. Many brokers will lend you money to buy stocks. This is called buying on margin, and you'll need to open a margin account to do it. A margin account is different from a basic cash account, in which you can only purchase securities with the cash in your account.

How to invest in a bank loan? ›

If you want to invest in bank loans, we recommend high-yield funds and other taxable bond funds that can invest in bank loans when the portfolio managers view the loans as attractive. Investors who own other bond funds may already have some exposure to bank loans.

How rich people borrow against their stocks? ›

Portfolio loans

In this option, the concept is the same as was just discussed, except an investment portfolio is used as collateral instead of a home, and no assets need to be sold taxably to access cash. In fact, this is often what billionaires do — take loans against their company stock.

What is it called when you borrow money to buy stocks? ›

Buying on margin is borrowing money from a broker in order to purchase stock. You can think of it as a loan from your brokerage. Margin trading allows you to buy more stock than you'd be able to normally. To trade on margin, you need a margin account.

How to use loans to make money? ›

Generating income from debt involves taking out a loan and using the borrowed funds to invest in an income-producing asset. This could include buying bonds, investing in stocks, or purchasing real estate. The income generated from this investment can then be used to pay off the debt.

What is the best business to start for EB-5? ›

EB-5 Real Estate Investment

Putting your capital in the United States real estate market is one of the best EB-5 investment ideas that you can leverage as a foreign national investor. Real estate has been one of the most profitable and preferred sectors for many EB-5 investors since the beginning of the program.

What is the most successful EB-5 regional centers? ›

The top 4 states for EB-5 projects are New York, Florida, California, and Texas, which account for 62% of all projects done in the U.S. The state of New York holds a disproportionately large share of projects. While it has only 7% of all regional centers, it accounts for 22% of all projects.

Can I use 401k for EB-5? ›

Yes, 401(k) funds are allowable for EB-5 investments. You must demonstrate that the capital you will invest was obtained through lawful means.

How do you qualify for EB-5 2023? ›

To get an EB5 visa, you must invest at least $800,000 in a Targeted Employment Area to finance a business that employs at least 10 American workers. Besides, you have the freedom to choose whether you want to invest individually or want to work through a wider investor pool via regional centers (RC).

How much does a lawyer charge for EB-5? ›

EB-5 Attorney Fees: Direct Investment

In essence, the immigration attorney in a direct EB-5 has to complete at least double the amount of work. The immigration attorney's fee for the I-526 petition can range from up to and more than $50,000.

How much does a lawyer charge for EB-5 visa? ›

How much are EB-5 lawyer fees? Immigration attorney fees for filing the EB-5 petition can vary from $20,000 to $50,000, depending on the needs of the individual client and their families.

How many EB-5 visas are issued each year? ›

Every year, USCIS issues a maximum of approximately 10,000 new EB-5 visas. At least 3,000 of the total number of visas are reserved for new petitions based on investments in projects endeavored by a Regional Center.

What happens when an EB-5 project fails? ›

Your Money Is Gone

If USCIS approved the project before it failed, the government would still honour the petition. However, if USCIS didn't approve the project before it failed, they can choose not to honour it — even if it was approved previously.

How do I expedite my EB-5 visa? ›

This process involves submitting a request to the USCIS to expedite an EB-5-related petition or application, including Forms I-924 Application for Regional Center, I-526 Immigrant Petition by Alien Entrepreneur, and the I-829 Petition by Entrepreneur to Remove Conditions.

What are the disadvantages of EB-5 visa? ›

The EB-5 investors are not guaranteed a green card because of the lengthy process and possibility that the project in which they invest could fail or undergo material changes, and there is no expedite processing of EB-5 petitions.

Is EB-5 suspended? ›

The EB-5 Regional Center Program, a subcategory of the EB-5 Immigrant Investor Program, had been suspended since June 30, 2021, when its congressional authorization expired.

What is the maximum age for EB-5? ›

What age is eligible to apply for EB5 Visa? There is no age limit to applying for the EB-5 Visa Program.

Is EB-5 500k? ›

This is the story of the $500,000 Green Card -- a path to legal residency that begins with an offer by a wealthy foreign national to invest half-a-million dollars in an approved project that promises to create American jobs. Known by its visa designation, the EB-5 program has been booming in recent years.

What pays the highest return on investment? ›

Key Takeaways
  • The U.S. stock market is considered to offer the highest investment returns over time.
  • Higher returns, however, come with higher risk.
  • Stock prices typically are more volatile than bond prices.
  • Stock prices over shorter time periods are more volatile than stock prices over longer time periods.

What investment has the highest potential return? ›

A stock represents a share of ownership in a company. Stocks offer the biggest potential return on your investment while exposing your money to the highest level of volatility.

What is the best stock 5-year return? ›

Best Performing Stocks Over the Last 5 Years
Ticker5-Year Performance (%)
1ENPH3770%
2ISEE1347%
3TTD1130%
4TSLA726%
6 more rows
May 1, 2023

Can you lose your green card after 5 years? ›

Your green card (lawful permanent resident status) may be rescinded within 5 years of adjusting status (being granted U.S. permanent residency status), if it appears that you were ineligible for a green card.

Can I get a US visa if I buy a property? ›

Essentially, investing in a business or buying a property in the U.S. could give you permanent residency. Of course, you have to fulfill the EB-5 program requirements first, like investing at least $800,000 or $1,050,000, depending on the location. As well as create at least 10 full-time jobs.

Can I get my green card back after losing it? ›

To replace a lost, stolen, or damaged green card, you need to fill out Form I-90 (officially called the “Application to Replace Permanent Resident Card”), provide supporting documentation, and, if required, pay a filing fee.

Can I take loan and invest in equity? ›

Most loans come with an end-use restriction, meaning the money sanctioned can be used only for the purpose for which it is taken. But personal loans normally do not have any such restrictions. The borrower is free to use personal loans for anything, including investing in stock market.

Can you buy a 5 plex with a conventional loan? ›

Conventional Mortgage

You can get both single-family multiunit homes up to 4 units and multifamily properties with 5 units or more with conventional mortgages. These can be both primary properties with the other units rented out and investment properties without owner occupancy.

Can you take a loan to invest in mutual funds? ›

Therefore, investors consider taking a personal loan to leverage investment opportunities such as stocks, mutual funds, and more. However, it is not the best idea to take a loan to invest unless it is to build an asset that's not market-linked.

How much money can you borrow against your equity? ›

How much can you borrow with a home equity loan? A home equity loan generally allows you to borrow around 80% to 85% of your home's value, minus what you owe on your mortgage. Some lenders allow you to borrow significantly more — even as much as 100% in some instances.

How much equity can I borrow against? ›

Let's say the market value of your existing home is $500,000 and the balance of your mortgage is $300,000. The difference between the two is $200,000, which is your home equity. As an investor you can access up to 80% of your home equity (without the need to take out LMI), which equates to $160,000 in this example.

Does bank loan affect equity? ›

When a company receives cash from a bank loan total assets (cash) are increased and total liabilities (loan payable) are increased. There is no change in the owner's equity from this transaction.

How risky is EB-5? ›

EB-5 visa regulations dictate that the investor's capital needs to be "at risk" and no guarantees are allowed to be offered to the investor on any return on, or of capital. In layman terms, this means that in the process of getting a green card, if not careful, you could potentially lose the entire amount invested.

How long does it take to get EB5 investment? ›

EB-5 visa processing time for I-526 Immigrant petition ranges between 29.5 and 61 months, as of May 2023, USCIS processing estimates. For investors present in the USA, I-485 Processing time of USA investment Green card application to Adjust Status is 7 to 29 months depending on the service center.

Does a conventional loan only require 3% down to qualify for the loan? ›

As a borrower, these are the minimum conventional loan requirements you should be prepared to meet: Credit score of at least 620. Debt-to-income ratio of no more than 45% Minimum down payment of 3%, or 20% with no PMI.

Can a conventional loan be 3.5% down? ›

The Conventional 97 program allows 3 percent down and is offered by most lenders. Fannie Mae's HomeReady and Freddie Mac's Home Possible programs also allow 3 percent down with extra flexibility for income and credit qualification. FHA loans come in a close second, with a 3.5 percent minimum down payment.

How many borrowers can be on a conventional loan? ›

There's no legal limit as to how many names can be on a single home loan, but getting a bank or mortgage lender to accept a loan with multiple borrowers might be challenging. As a rule of thumb, no more than four borrowers are typically allowed on a conventional mortgage loan.

Top Articles
Latest Posts
Article information

Author: Rueben Jacobs

Last Updated:

Views: 5679

Rating: 4.7 / 5 (57 voted)

Reviews: 80% of readers found this page helpful

Author information

Name: Rueben Jacobs

Birthday: 1999-03-14

Address: 951 Caterina Walk, Schambergerside, CA 67667-0896

Phone: +6881806848632

Job: Internal Education Planner

Hobby: Candle making, Cabaret, Poi, Gambling, Rock climbing, Wood carving, Computer programming

Introduction: My name is Rueben Jacobs, I am a cooperative, beautiful, kind, comfortable, glamorous, open, magnificent person who loves writing and wants to share my knowledge and understanding with you.