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Can you use unsecured loans for EB5 visa investment?

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Can you use unsecured loans for EB5 visa investment?

0:00 – 1:09 – Introduction
1:10 – 3:15 The EB5 visa policy update

Can you use unsecured loans for EB5 visa investment purposes?

Just as a reminder the EB5 visa is a path to US permanent residency in other words a green card through investment.

As of July 22nd, 2021, the United States Citizenship and Immigration Services has updated its policy to include that funds that arrive from unsecured loans are treated as a contribution of cash for EB5 investment purposes rather than indebtedness, and as a result, it is permissible to use unsecured loans as an EB5 investment under the EB5 visa regulations.
In practice this allows investors to borrow funds in the form of unsecured loans to use as an EB5 investment which was not permissible in the past.

The new policy update is the result of a decision in the Us Federal Court case Zhang v. The US Citizenship and Immigration Services which was filed in 2015. In that case, the investors were denied their EB5 green card petitions because the funds that they used as an EB5 investment were unsecured loans. Fast forward to 2020 the investors won the case and this lead to the new policy update from USCIS. This new policy is expected to increase greatly the pool of investors that are going to use unsecured loans for the EB5 investment purposes.

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