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How can I apply for EB-5 if I do not currently own a business?

I was reading the Form I-526 and I noticed the fields where you have to describe your current business, such as company name, type of business, its total investment, how many jobs were created and etc. Is EB-5 only for applicants who already have some kind of business? If I only have the required amount of money and a good investment plan in the United States, am I able to apply for EB-5?

Answers

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    Answered on

    You must make an investment into a new commercial enterprise formed after November 29, 1990, such as a limited partnership, corporation, limited liability company, etc. formed for profit. Many legal entities, including regional centers, are looking to attract qualified EB-5 investors. You are not required to invest in a direct investment option and may choose to invest through a reputable regional center approved by USCIS. In the latter instance, you are not required to create at least 10 full-time permanent job,s but may have the option of indirect/induced job creation to receive the benefits of permanent residence in the United States.

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    Answered on

    An EB-5 investor must make an investment into a new commercial enterprise (NCE). For EB-5 purposes, this would be a U.S. entity, such as a limited partnership, corporation, limited liability company, etc. formed for the purposes of generating profit. To be considered new, the NCE should be formed after 11/29/1990.

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    Answered on

    There are many U.S. business entities looking for foreign investment. You are not required to "own" a U.S. business already.

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    Answered on

    The EB-5 regional center business project which is managed by the principals of the new commercial enterprise/job creating entity in which you are not the owner or principal can be the EB-5 business you personally invest in and obtain your conditional permanent residency.

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    Answered on

    You have money and a business plan, but why not step up to incorporate the business and get an office lease? How difficult is that? Not at all if you have a business plan. EB-5 investment has to be irrevocably committed into the new enterprise. Simply having the money parked in your personal bank account will not lead to an I-526 approval.

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    Answered on

    You need to invest in an existing business or be in the process of investing. The corporation needs to be in existence at time of the investment.

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    Answered on

    Absolutely. We would probably first set up an LLC or other legal entity which will be the petitioner for your business to obtain the green card.

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    Answered on

    Yes, you can. EB-5 is not only for an established business. Rather, it requires the investors to make investment into a "new commercial enterprise," which is a commercial enterprise founded after 11/29/1990, or an existing business founded before that date, but has been expanded or reorganized. With a solid business plan and staffing plan, you can operate your own project under the direct EB-5 mode. Of course, you also need to provide convincing documents to prove your legal source of funds used in EB-5. It will be a complicated process and I strongly suggest you contact an experienced EB-5 attorney for a case specific consultation.

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    Answered on

    The petition can be based on a planned investment, as long as it is certain and will create the required number of new jobs.

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    Answered on

    The investment plan is the business.

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    Answered on

    In addition to investing $500,000 or $1,000,000 and creating 10 full-time jobs, an EB-5 visa requires that you invest and take a role in a real and operating business. This could mean investing in an existing business, starting a business or investing in a regional center.

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    John J Downey

    Answered on

    You do not have to own a business.

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