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Can I apply for the EB-5 visa by establishing and investing in my own business?

I am the co-founder of a start-up in my home country. I plan to move to the United States and establish my business in the American market. Can I apply for the EB-5 visa by establishing and investing in my own business? When would I have to file my EB-5 application?

Answers

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    Ying Lu

    Immigration Attorney
    Answered on

    Yes, you can. This is called direct EB-5. The legal requirements for a direct EB-5 case are the same as a typical regional center EB-5 case. You need to invest at least $1 million or $500,000 if the new commercial enterprise is in a targeted employment area, and create 10 new jobs. You can file your I-526 when the investment is made. I would recommend that you contact an experienced immigration attorney regarding this direct EB-5 case due to its complexity.

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    Lei Jiang

    Immigration Attorney
    Answered on

    Yes, you can invest in your own business. You can file an EB-5 petition after the fund is transferred to a U.S. enterprise. It is a good idea to partner with other people since you cannot be in the United States until your application is approved and you receive a visa.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Yes, you may invest directly in your own business by establishing a new commercial enterprise in the United States that will engage in a for-profit business activity and create employment for at least 10 full-time (at least 35 hours a week) permanent jobs in the United States. If a new commercial enterprise is not in a rural or targeted employment area, then the required minimum investment is $1 million rather than $500,000. The new commercial enterprise must have a comprehensive business plan and otherwise qualify for the EB-5 program, and you must invest or be in the process of investing the capital and prove lawful source of investment funds prior to filing the I-526 petition with USCIS. Please consult an experienced EB-5 immigration attorney who would be able to guide you and also connect you to a team of professionals, such as a business counsel, CPA, business plan writer, etc.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes; you can submit an I-526 petition for classification as an EB-5 immigrant AFTER you have made the qualifying investment and prepared a petition package showing that the required amount of capital has been invested into a new commercial enterprise (NCE), that the funds are at risk in a commercial sense, that you will be involved in the management of the NCE, and that the invested capital was lawfully obtained. You also must provide evidence of meaningful business activity and a comprehensive business plan that shows when and how your NCE will create at least ten full-time jobs for U.S. workers (you must show that the job creation will occur within two and a half years of your I-526 being approved). The business plan must be credible and feasible and based upon verifiable data.

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    John J Downey

    Immigration Attorney
    Answered on

    Yes, file it now, but you cannot come here and work at it until you get an approval. Perhaps find a joint venture partner who is allowed to work in the United States. They could get the business underway while your application is pending.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    Thank you for your inquiry. You may certainly invest in your own business, but you would need to create at least 10 jobs for U.S. citizens. You can file your I-526 as soon as the money is invested (assuming all the other requirements are met).

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    Karen-Lee Pollak

    Immigration Attorney
    Answered on

    Yes you can infest in your own business. It is $1 million unless your business is in a high unemployment or rural area - then the amount is reduced to $500,000. The business must create 10 full times jobs not counting you or your family. You can file the I-526 after you have invested the money and can evidence what the money was used for.

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    Anthony Korda

    Immigration Attorney
    Answered on

    Yes, you can use your own business as a basis for the EB-5 visa. This is a "Direct EB-5" and you would have to show that your investment of $1 million ($500,000 in a rural or targeted employment area) will directly lead to the creation of 10 jobs. The problem is timing. You will have to have fully committed the funds, although escrow is permissible, prior to filing the I-526 petition. If the business commences prior to the visa approval, you may not be able to manage the business in the United States until you receive your permanent resident status. There are a number of factors to consider which distinguish direct EB-5 from the regional center model and you should consult with an experienced EB-5 attorney prior to committing to any business or project.

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    Olga Karasik

    Immigration Attorney
    Answered on

    Yes, you can. This is called direct investment EB-5. In many respects it is easier than investment through regional centers. As soon as you are ready to proceed with your investment, you can file for EB-5.

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    Michael A Harris

    Immigration Attorney
    Answered on

    Yes, you can apply for the EB-5 visa by establishing your own new commercial enterprise (NCE) in the United States. It can be have interrelated business operations with your overseas company, if you would like. You can file for the EB-5 visa when you have invested or are actively in the process of investing in the NCE, provided that your funds are actually committed and at risk in the NCE for the purpose of generating profit and revenue. There are many other requirements for the EB-5 visa petition in addition to the investment amounts, such as job creation and tracing the path of your lawful source of funds.

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