I have a clarification related to EB5 visa which is made for Immigrant Investors. I live in the US on work visa. I have a Startup concept which i am working on it. Whether the amount to invest can be partial taken as a loan from the US Bank ?

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    Do you have assets, other than the assets of the startup, that will be used to secure the debt? – Patricia Shanahan May 8 '17 at 1:50
  • No i don't have assets. – goofyui May 9 '17 at 17:55

See About the EB-5 Visa Classification, and scroll down to "Capital Investment Requirements".

Capital means cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the alien entrepreneur, provided that the alien entrepreneur is personally and primarily liable and that the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness.

It appears to me that they want the required capital to be your actual, personally owned, assets. If you owned a house, and financed the business by mortgaging it, that would be "indebtedness secured by assets owned by the alien entrepreneur".

Money borrowed from a bank based on "the assets of the new commercial enterprise" does not appear to count.

The do say "Capital can include the immigrant investor’s promise to pay (a promissory note) under certain circumstances." without specifying the circumstances. If it is in the spirit of the rest of the rules, the circumstances will require the promissory note to be worth its face value, because of the signer's wealth.

The system appears to be about bringing in millionaires and investment money, not ideas.

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The purpose of EB-5 Visa was to encourage and enhance the investment benefitting the US economy that is getting money from outside US into the US economy. So, staying in US and then taking a loan (partly) in US doesn't serve the purpose. Also, each investment should ensure employment for 10 Americans and that I think you as an entrepreneur can ensure that.

For more details refer to FAQ section or please read the clarification about EB-5 by USCIS.

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