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How can buying a business qualify me for an EB-5 visa?

I will buy a company worth 1.500.000 usd. I will pay 500.000 for 51% of the shares but I will complete this payment within 4 years. Still can I be within EB-5 visa program? Thanks

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    The company must be in a TEA or rural area to qualify for the $500,000 investment. If so, it is necessary to have the full amount at risk before your petition is approved. You must also meet the job creation requirement for EB-5 visa.

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    Ed Beshara

    Immigration Attorney
    Answered on

    You can invest $500,000.00 in a new commercial enterprise if it is located in a TEA (Target Employment Area). If you have to invest $1Million Dollars you will have to invest this amount either before or during the period of conditional permanent residency. It is likely according to your timeline you will be able to invest within the time frame anticipated.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    Hello. To be able to qualify, it would either have to be a troubled business in which you are preserving 10 jobs or it must be shown that your new investment will create 10 new jobs. Both can be complex issues that need to be addressed with an immigration attorney.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    Without the specifics, the short answer is no. You have to invest $1million, but you may be able to do an E-2 visa if you qualify and eventually convert it.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    In order to properly advice you on your investment, I would need more information. For example, I would need to know the amount of employees. Also, I would need to know the address of the company to determine if it is located in a Targeted Employment area or a rural area. If you are interested in discussing further, please do not hesitate to contact me. Thank you.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    No, the investment must be complete within two years.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Maybe. You will need to show new job creation by adding ten new full-time jobs within two years, or you must show that you have saved at least ten jobs if the business qualifies as a "troubled business" as defined in the immigration laws. You also need to show that the business will primarily conduct business within a targeted employment area (TEA). Finally, the payment (investment) should be completed earlier. The law requires that you have invested or are in the processing of investing the full amount of required capital and that you sustain the investment (and the business creates/saves the required employment) within two years. These are complex legal matters, and you should retain an experienced EB-5 immigration attorney to advise you.

  • Avatar

    Qingqing Miao

    Immigration Attorney
    Answered on

    Since you are planning on investing $ 500K, your investment must be in a targeted employment area (high unemployment area or rural area) as defined in INA 203(b)(5). The company you would like to purchase needs to qualify as a "new commercial enterprise." Then, to be EB-5 eligible, your investment must meet the job creation and other requirements (including proof of legal source of fund) provided under the statute (INA 203(b)(5)) and regulations (8 CFR 204.6, 8 CFR 216.6). Please note that non-regional center affiliated investments cannot take advantage of the more flexible indirect job creation rules. The USCIS provides a nice overview of the EB-5 program on their website you may find helpful.

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    Angeline Chen

    Immigration Attorney
    Answered on

    Yes you can as long as the company is located in a targeted employment area (TEA) which is an area that is 150% of the national unemployment rate. If it isn''t, you will need to invest $1 million before applying for EB-5.

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    Rohit Kapuria

    Immigration Attorney
    Answered on

    Without more details, it is difficult to address your specific question. However, there are several issues that jump out. The regulations note that in order for your investment to qualify, you must demonstrate that you have either invested or are "actively in the process of investing" the requisite capital amount. Spreading your investment over a period of four years definitely takes you outside the comfort zone because it would only show that you are making a prospective investment arrangement which the regulations deem as insufficient for the purposes of EB-5. There are three additional issues that arise from your purchase of an existing business. First, was this business established after Nov. 29, 1990? If it was not, there are some additional concerns to address. Second, how many jobs are there in the existing business structure? Depending on the structure, it may be the case that you would only be able to count the net job creation, not the overall number of jobs. Last, the most basic question is whether the business exists in a targeted employment area which would permit a $500,000 investment as opposed to requiring a full $1 million investment. I hope this gives you some guidance.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    At the time of filing for the EB-5 Petition for Immigrant Investor, the minimum investment amount ($500,000 if the business is located in a Targeted Employment Area; or $1million) must have been invested and at risk.

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    Stephen Berman

    Immigration Attorney
    Answered on

    You can start the process after you have invested the $1M, but you cannot get the EB-5 visa without actually investing the full amount.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    You should complete your funding within 2 years or before you file your I-829 removal of condition.

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