Can I Use a Gift for EB-5?
- Who is eligible to receive immigration benefits from my EB-5 investment?
- Can I include my family members on my EB-5 visa petition?
- Can adopted children immigrate with me on EB-5?
- Why was the EB-5 Investor Visa Program created?
- What are the EB-5 Investment Requirements?
- Who Can Apply for the EB-5 Investor Program?
- What are EB-5 Eligible Countries?
- What Are the Benefits of the EB-5 Visa Investor Program?
- Is EB-5 a passive investment?
- How many EB5 visas can the US government issue each year?
- Are there any nationality restrictions for EB-5 applicants?
- Can I travel outside the US for extended periods after I get my green card?
- Do I require Tax returns & other financial documentation for EB5 filing?
- When can I apply for US citizenship?
- How long must I remain in the U.S. each year?
- What is a Reentry Permit? (USCIS Guide Download)
- I am a Green Card Holder, Do I need a Re-Entry Permit?
- Re-Entry Permit Process Timeline
- Expedited Processing for Re-Entry Permit
- USCIS requires EB-5 investments to be “at-risk”, so how do your projects have guarantees?
- May two or more investors qualify for immigration based upon a pooled investment in a single business?
- What is the USCIS background check?
- What Can Disqualify an Investor from Participating in the EB-5 Program?
- 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
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, 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 an 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, but 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.