EB-5 Lending Alliance recently featured Divij Kishore, founding attorney of Flagship Law, in its article “Funding EB-5 with Your SDIRA: A Seamless Path with the Right Custodian.” The piece explores how investors—especially professionals on H-1B visas—can use self-directed IRAs (SDIRAs) to fund their EB-5 immigration investments while maintaining tax advantages.
The article highlights how many foreign nationals already working in the U.S. hold substantial savings in retirement accounts such as 401(k)s or IRAs, which can be leveraged for EB-5 investments when properly structured. Using an SDIRA allows these funds to be invested in regional center projects—often at the $800,000 rural threshold—without triggering immediate taxes or penalties.
Kishore explains that with careful planning and the right custodian, SDIRAs can create powerful alignment between immigration goals and financial strategy. “When structured carefully—with a reputable SDIRA custodian and a transparent, well-documented regional center offering—this can be a powerful tool,” he said. “The key is ensuring that innovation does not come at the expense of compliance or investor protection.”
The publication emphasizes the importance of due diligence, proper documentation, and collaboration among immigration, tax, and securities professionals to ensure compliance under EB-5 Reform and Integrity Act rules. By using SDIRAs strategically, investors can maintain tax-deferred growth while pursuing permanent residency in the U.S.
Read the full EB-5 Lending Alliance article:
Funding EB-5 with Your SDIRA: A Seamless Path with the Right Custodian