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Could we use the EB-5 program to acquire investors?

I am the owner of a high-end bakery with two current location in Orange County NY. We are interested in expanding our business through adding satellite stores and developing an on-line, e-commerce extension for our shippable products. We are looking for investors to bring in the needed funds to move forward with the expansion and wondered if this might be a viable venue to pursue.

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    Answered on

    You should first determine whether it is appropriate for you to become an accredited regional center. For further information please contact Rahbaran & Associates.

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    Answered on

    The short answer is you absolutely could use the EB-5 program for your expansion. The long answer is ''it depends.'' Whether your investment, the business plan and financial return would be sufficient enough to entice investors is the biggest issue. Investors generally prefer investments with principals that have experience with the EB-5 program in order to ensure they fully comply and receive their green card at the end of the day. If you have a possible source of investors, that might take care of this potential problem.

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    Neville M Leslie

    Answered on

    Yes, this could be an appropriate venue for you to raise funds. All types of businesses are acceptable.

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    EB-5 investment must be invested into a new business enterprise or into a failing business, which has lost 40% of the value. Also, for every EB-5 investment you receive, you must create 10 full-time, permanent jobs. Thus, you need to evaluate how many full-time employees you currently support in your business and how many could be realistically created. Please note that EB-5 program is designed to create jobs from these investments, not just another investment for realizing high returns. However, depending on how the business plan is set up for this expansion, i.e. new enterprise for the franchises, for example, it could be possible. Please consult with a corporate attorney in conjunction with an immigration attorney for how to accomplish this.

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    Answered on

    This is a potential you must further explore with an EB-5 Attorney; I''d be happy to schedule a consult for you.

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    Answered on

    Your question is very appropriate in light of the fact that some projects that are EB 5 related are small in nature. The essence of EB 5 is US job creation. Thus, for every $500,000 or $1 million in capital, the business expansion will need to generate no less than ten direct US employees who are either residents or citizens of the US.

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    You might. Bakeries employ lots of bakers. But please understand that the EB-5 Program is difficult to work on a good day.

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    The investment would have to support at least 10 jobs per every EB5 investor for two years. Do you think your company qualifies for that.

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    Legally speaking, it''s probably doable assuming you can create the ten jobs per $500k or $1M invested, depending on where you are. In addition, it would be wise to consider how likely you would be to attract investors. Without knowing more details, it would be tough to really comment on that.

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    Answered on

    It sounds that it is doable. But until I have a lot of other details I won''t be able to answer with certainty. Please call me to discuss if you wish (free of any charge).

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    Answered on

    Yes. The direct program would be a viable option. You need to determine how many jobs would be created.

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