When funding an EB-5 investment, investors may rely on money received from their family members or friends. These transfers generally fall into one of two categories: a loan or a gift. While both may be acceptable sources of investment capital, they are not interchangeable terms. The way a transaction is characterized should also accurately reflect...
Good Faith Loans vs. Gifts in EB-5: Why the Difference Matters
Jun302026
When salary is used towards an EB-5 capital investment, USCIS expects more than a general claim that the investor earned a sufficient income” and “This requires a comprehensive review of W-2s, tax returns, and bank statements. W-2 Forms and Tax Returns to Establish Consistent Gross Earnings A W-2 form provides the official record of annual...
A new U.S. visa program backed by President Donald Trump is expected to launch in the coming days. Known as the “Gold Card” visa, the program is expected to offer a pathway to permanent residency, and possibly even U.S. citizenship, for foreign investors willing to invest at least $5 million into the U.S. economy. President...
A core principle of the EB-5 Immigrant Investor Program is that all investment funds must have a lawful origin. The source of an EB-5 investor’s funds must be clearly documented and legally obtained. The program allows for various ways to finance the required $800,000 investment, including using loaned funds from sources such as a bank,...
Mar282025
On March 21, 2025, IIUSA and DHS submitted a second joint status report detailing their ongoing but unsuccessful efforts to resolve their legal dispute over the EB-5 investment sustainment period rules. A joint status report is a document filed in court by both parties in a lawsuit to update the judge on the status of...