- Who is eligible to receive immigration benefits from my EB-5 investment?
- How does EB-5 work when investing through a Regional Center?
- What is EB-5?
- What are the protections and guarantees in Behring Regional Center EB-5 projects?
- Can I travel outside the US for extended periods after I get my green card?
- Can I include my family members on my EB-5 visa petition?
- When can I apply for US citizenship?
- Is EB-5 a passive investment?
- How long must I remain in the U.S. each year?
- What is a reentry permit?
- Can adopted children immigrate with me on EB-5?
- What is a New Commercial Enterprise?
- Are there any nationality restrictions for EB-5 applicants?
- USCIS requires EB-5 investments to be “at-risk”, so how do your projects have guarantees?
- What are the EB-5 Investment Requirements?
- Can I apply if I've been rejected or terminated in the past by USCIS for a different visa application?
- May two or more investors qualify for immigration based upon a pooled investment in a single business?
- What is the I-526 Petition?
- What is the USCIS background check?
- What Can Disqualify an Investor from Participating in the EB-5 Program?
- What is an I-829 Petition?
- What is a I-485 Petition
- Accredited Investor
- Partial Payments
- Source of Funds
- Can I use a loan for EB-5?
- What documents need to be translated when filing the I-526 petition?
- Can I Use a Gift for EB-5?
- Can I Use 401(k) funds for EB-5 investment?
- I don't have $800K in cash. What are my options?
- What is the Source of Funds Report?
- 5 Things EB-5 Investors Can Do Preparing for Their Source of Funds Report
- Regional Center
- Targeted Employment Area
- Job Creation
- EB-2 / EB-3
Can I Use a Gift for EB-5?
Yes, you may use a gift as a lawful source of funds.
Gifts are a commonly accepted source of funds for an EB-5 investment. Any person or group of persons may gift the funds the funds, and the funds may be transferred directly from the donor to the EB-5 project on behalf of the EB-5 investor.
The lawful source and path of the funds used to originate the gift must be properly documented. For example, if the parents sell investment property to provide you a gift for your EB-5 investment, your parents will not only need to provide the documentation of the property sale, they will also need to show the source of funds used for the down payment when first purchasing the property. They should also be prepared to share tax returns and bank statements.
The gift should be reasonable. Your family members, friends or business associates could be the reasonable source of the gift. The donors will need to sign a gift affidavit describing the relationship between the donor and the donee, the reasons for the gift, and that the donor is not obligated to return the gift.
Please note that a gift may have tax implications. The donor and the EB-5 investor are strongly recommended to consult a tax professional before any gift transfer.