Lately, we are getting many inquiries from investors temporarily residing in the United States.
Lately, we are getting many inquiries from investors temporarily residing in the United States. They are students holding F-1 visas and workers holding H1-B visas. Many of them do not have the minimum required investment amount. Therefore, they are considering taking a loan from a bank or relative. In most cases, the parents are gifting the funds. They always ask us which path to choose. How shall we answer them?
Answers
This question has become a timely topic after the passage of the RIA of 2022. More and more students in college or the OPT stage with insufficient assets are applying for the EB5. The parents are glad to gift them the funds to invest, but the gift could trigger a gift tax that could be costly. These investors should work with experienced and competent immigration attorneys who can assist them in drafting the loan documents with a payment schedule that will be acceptable to USCIS and not trigger an RFE for various reasons. We strongly advise investors and their donors to follow their attorneys' advice if the attorneys feel that the investor is better off investing gifted funds despite the monetary tax burden of the gift route to the donor.
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