Applying for EB-5 with funds gifted by parents

Background

Ms Chen is a 30-year-old engineer from Taichung, applying as a single applicant. She planned to build her career in the US, and her parents were willing to gift part of the investment.

Main concern

She did not know whether gifted funds could be used, or what evidence was needed.

Our approach

We prepared the gift deed, her parents’ income and asset records, gift tax filings, and the complete transfer record from her parents’ account to hers and on to the project.

Process and outcome

The I-526E was approved in about 15 months with no request for evidence.

Adviser’s comment

Gifted funds can be used, but the donor’s own source of funds must also be shown to be lawful.

EB-5 application process

1. Assessment and project selection (4–8 weeks): We choose the TEA category and a vetted project based on your place of birth, your children’s ages and your family’s goals.
2. Source of funds and investment (3–6 months): Prepare the source-of-funds evidence, make the investment and sign the investment documents.
3. File I-526E (12–24 months): File the investor petition; eligible applicants in the US can file I-485 at the same time. Once approved, the family receives two-year conditional green cards.
4. I-829 removal of conditions (After two years of conditional residence): Show the investment was sustained and the jobs created, and receive ten-year permanent green cards.

Is this right for you?

Every family’s background and timeline is different. To find out whether a similar plan could work for you, book a free consultation with Global Immigrate.

Based on a real client’s experience; names and some details have been changed for privacy.

Learn more: US EB-5 Investor Immigration