[Q] Can I use my pension money via trustee of the pension fund to invest in an EB-5 investment?
[Q] I have a question about the EB5 scheme which I hope you can help with. I do not have $500k cash. However, I do have $500k cash sitting in my personal pension fund for which I can prove that I am the beneficial owner and it has been lawfully gathered. Can I use this cash, via the trustees of the pension fund, to invest in the EB5 scheme to gain a green card in my name?
Although USCIS has not given a definitive guidance on this issue, the answer is probably not, because the pension under the control of the trustee is considered to be another entity, and the investment money has to come directly from you, individually.
Many foreign EB-5 investors want to be able to wire directly from the pension account to an escrow account to avoid tax consequences, but the EB-5 regulations say the investment must be from the investor. You could argue that the pension money belongs to investors, but legally speaking, although the investor has beneficial interest, the trustee has control, so I think USCIS is right about this one.