Can I borrow money to qualify for an E-1, E-2, Or EB-5 investor visa?

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Foreign investors can obtain certain loan to qualify. In general, the loans must be secured by the investor’s personal assets (i.e. real property, capital, etc.). This means that loans such as a mortgage debt or commercial loans secured by the investment will not qualify.

Do these programs place any restrictions on the source of funds used to support the investment?

The E-2 foreign investor must have possession and control of the capital and funds (investment). Additionally, the foreign investor must demonstrate that s/he has acquired the funds from lawful sources. The EB-5 foreign investor must demonstrate that the investment/funds belong personally to him/her. Both programs require the legal and lawful source of funds.

Do these programs require a specific number of employees?

The E-1/ E-2 programs do not require a specific number of employees, but an E-2 business cannot be “marginal.” Marginal means that a business was only created to provide a means of supporting the applicant and his/her family – and not additional U.S. workers.

The EB-5 program requires the creation of at least TEN (10) jobs for U.S. workers.

Do numerical quotas apply?

The E-1/E-2 programs are not limited. However, foreign nationals should make sure they are a citizen of a treaty country. If you are married, only one of you will need to be a citizen of a treaty country.

The EB-5 program is subject to an annual numerical quota. The Immigration and Nationality Act (“INA”) allocates an annual limit of 10,000 immigrant visas to EB-5 investors and their derivative beneficiaries (i.e. spouse and unmarried minor children).

Should i apply for the E-1, E-2, Or EB-5 in the United States or at a U.S. consulate Or embassy abroad?

If you are already in the U.S., you may qualify to apply inside the U.S. However, there are certain situations where applying at the U.S. consulate or embassy abroad is required.

I want to apply for an Eb-5 Visa. Does your firm work with USCIS approved regional centers?

Yes, we work with the Teas Collegiate Regional Center (TCRC). The TCRC has approved projects in the following counties: Austin, Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Walker. Using a Regional Center will allow a foreign investor to invest in a business without having to worry about the day-to-day business activities. Through our office, our EB-5 clients are able to receive discounted fees related to their investment.

For more information on Borrowing Money For An Investment Visa, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 777-1236 today.