The Short Answer

401(k) funds are allowable for EB-5 investments.

A More Detailed Explanation

You must demonstrate that the capital you will invest was obtained through lawful means. It is likely that USCIS will want to see how you lawfully earned the funds that you deposited into your retirement account. This means that you will have to produce income tax returns or other credible evidence of your salary and wages from employment from an extended period of time. You must invest the funds and place them at risk with the new commercial enterprise before you submit your I-526 petition. You should consult with a tax specialist or retirement account financial adviser on the penalties and other possible consequences for early withdrawal of funds from such an account. This FAQ page or any linked webpages found here are not to be considered an offer or solicitation to sell or acquire securities or any other financial products and is not a prospectus, disclosure statement or other offering document. Any offering of securities will only be by means of a confidential private offering memorandum, and conducted in accordance with applicable law. These securities have not been registered under the Securities Act of 1933 and may not be offered or sold in the United States or to U.S. persons unless the securities are registered under the Act, or an exemption from the registration requirements of the Act is available. Hedging transactions involving the securities may not be conducted unless in compliance with the Act.