Does the entire $800,000 investment have to be made at the time of applying for an EB-5 visa?
Yes. Per USCIS, the investment and fees must be deposited in full prior to filing the I-526 application with USCIS.
How can I submit my investment funds?
The escrow agreement which includes wire instruction for the escrow account, is provided to you with offering documents. Your agent will confirm receipt of your investment funds. This receipt is required to be included as part of your I-526 application.
What is meant by the requirement that the investors assets must be “lawfully gained”?
Under USCIS guidelines, the investor must prove their investment funds were gained in a lawful manner. The investor is required to prove their investment funds were obtained through a lawful business, salary, investment, property sales, inheritance, gift, loan or other lawful means.
Can money gifted by a parent or other relative be used for an EB-5 investment?
Yes, as long as applicable gift taxes are applied and paid. Gifts must be able to be traced to the lawful origin.
Would my global income and assets be taxable in both my country of origin and in the United States?
Generally, under U.S. tax laws, applicants who become U.S. green card holders (permanent residents), and spend 180 days in the U.S., are likely considered residents of the United States for tax purposes. The general rule is that a person who is a U.S. tax resident, is taxed on their worldwide income. Assets are not typically taxed unless income is generated on the asset or the asset is sold and taxable financial gain results.
How would the U.S.-India Double Taxation Treaty be used to minimize the investors tax liability?
The U.S. and India have entered into a Double Taxation Avoidance Agreement, which seeks to minimize situations where people and companies are taxed both in the U.S. and India. Our law firm strongly recommends potential EB-5 investors to seek professional tax advice to address their individual tax situation and enable proper tax planning. Our law firm does not advise on U.S. taxation issues.
When will my initial investment be returned to me?
Investment funds are typically returned to the investor once the Job Creating Entity (JCE) concludes the project successfully and EB-5 requirements have been met. Repayment usually takes 4-5 years of the investor’s conditional Green Card application (I-526).
