Can my EB-5 company use third-party working capital?

In the EB-5 program, the investment that qualifies the investor for the visa must come from their own capital, with a documented lawful source and kept at risk in the enterprise. For this reason, that amount cannot be met solely with third-party funds, such as loans or contributions from others that are not part of the investor’s own personal and documented injection into the business.

The key distinction is between what qualifies the visa and what the company does afterward. Once the required personal investment has been made, nothing prevents the enterprise from supplementing its working capital with additional third-party funds to operate, grow, and sustain itself.

In other words, third-party capital in the company’s day-to-day operations is a common management practice. What must be clear is that the portion meeting the EB-5 requirement came from the investor’s personal funds, not from external financing.

• The investment that qualifies the visa comes from the investor’s own, documented capital.
• It must be genuinely at risk in the enterprise.
• After that, third-party capital can support ongoing operations.

Since capital structuring is sensitive and involves proving the source of funds, it is worth confirming the current requirements with USCIS and structuring everything with the support of qualified professionals.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.