One of the requirements for the EB-5 investment visa is that the capital invested comes from a personal fund and is traceable. Investors have complied with this requirement by using the money they have earned through work, money that was inherited or gifted, as well as borrowed money with personal collateral.
However, recently the American Immigration Lawyers Association (AILA) became aware that US Citizenship and Immigration Services (USCIS) changed the definition of “capital” without previous notice, to conclude that borrowing cash is considered “indebtedness” and not “capital”. As a result, a significant number of cases are being denied based on “indebtedness”.
However, recently the American Immigration Lawyers Association (AILA) became aware that US Citizenship and Immigration Services (USCIS) changed the definition of “capital” without previous notice, to conclude that borrowing cash is considered “indebtedness” and not “capital”. As a result, a significant number of cases are being denied based on “indebtedness”.
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