First of all, I do not see a board for EB5 visas, so this is the next best thing.
That being said, suppose there is a foreign national who wants to come to the United States, permanently, but has no qualifying cosponsors. Their primary American contact is the same gender as the foreign national, so even if there was a romantic relationship between them, DOMA, the Destruction Of Marriage Act, forbids that.
But, what if that American contact had the necessary funds to pay for an EB5 visa.
The foreign national cares nothing about making a profit, and is even willing to loose some money if it means that he/she gets a green card. The green card is the real deal; THAT'S what he/she is interested in. To that end, everything else is second place.
I understand that "lent" and "gifted" funds are allowed; however, "gifted" funds would probably be subject to a gift tax in the foreign national's country.
Would the following case of "lent" funds (lent, not gifted, for the purpose of avoiding a gift tax) be sufficient to get a green card, provided that the funds were lawfully acquired by the "lender?"
- The lender pays the $527,000 for the EB5 investment at a Regional Center ($500,000 for the EB5 business plan at the regional center, $25k for the red tape, and $2,000 for the plane ticket to the United States).
- The foreign borrower agrees to allow the American lender to have ALL the revenues. If the EB5 Regional Center pledges interest of $30,000 over two years, giving a profit of $3,000, the lender gets that money; not the borrower who gets the visa in his name.
So, it's kinda like a "three way contract." The American pays the USCIS for services rendered (the admission of an EB5 green card) to a foreign national.
Would that work?
That being said, suppose there is a foreign national who wants to come to the United States, permanently, but has no qualifying cosponsors. Their primary American contact is the same gender as the foreign national, so even if there was a romantic relationship between them, DOMA, the Destruction Of Marriage Act, forbids that.
But, what if that American contact had the necessary funds to pay for an EB5 visa.
The foreign national cares nothing about making a profit, and is even willing to loose some money if it means that he/she gets a green card. The green card is the real deal; THAT'S what he/she is interested in. To that end, everything else is second place.
I understand that "lent" and "gifted" funds are allowed; however, "gifted" funds would probably be subject to a gift tax in the foreign national's country.
Would the following case of "lent" funds (lent, not gifted, for the purpose of avoiding a gift tax) be sufficient to get a green card, provided that the funds were lawfully acquired by the "lender?"
- The lender pays the $527,000 for the EB5 investment at a Regional Center ($500,000 for the EB5 business plan at the regional center, $25k for the red tape, and $2,000 for the plane ticket to the United States).
- The foreign borrower agrees to allow the American lender to have ALL the revenues. If the EB5 Regional Center pledges interest of $30,000 over two years, giving a profit of $3,000, the lender gets that money; not the borrower who gets the visa in his name.
So, it's kinda like a "three way contract." The American pays the USCIS for services rendered (the admission of an EB5 green card) to a foreign national.
Would that work?