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[HOT] [Q] Can an EB-5 investor transfer money from a LLC or corporation controlled by him to new commercial enterprise?


The answer is "no". Don't try it, even though such action would save a lot of tax for the EB-5 investor. USCIS or CSC will deny your case. Their current position is that any transfer of money into a new commercial enterprise other than from the EB-5 investor's personal bank account does not comply with EB-5 law. We do not know if USCIS will allow transfers into a new commercial enterprise from a trust in which the EB-5 investor is a beneficiary.

The key is not get too creative, or you will get slammed.