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How can I get EB-5 investors to invest in my current ongoing business?

I have a business in the U.S. that I can expand and hire more employees - providing it had investment now - how would I go about getting that project to qualify as an EB-5 deal?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    You may work with an established regional center that is willing to accept your project, or you can do a private offering. Under a private offering, you must demonstrate that you will create 10 new, direct, full-time jobs per investor. Hiring an experienced immigration attorney is advised.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    You have two options 1.) work with a Regional Center and/or 2.) do a private offering, provided you can show that you have created 10 jobs per investor they can file for an EB5 visa. I would be happy to discuss this with you further as it deals with securities regulations.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    There is no magic formula and thousands of U.S. projects want these same investors. Contacts overseas, reputable agents overseas, advertising but be sure to consult the SEC regulations on what you can and cannot do to solicit funds.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You can start by consulting with an experienced EB-5 immigration attorney. Since the EB-5 law and regulations are complex, you need to find out if EB-5 is right for your business first before you start thinking about how to attract investors.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Making a business compliant with EB-5 rules and regulations requires careful review by an experienced EB-5 attorney, like those at our law firm. The legal and financial infrastructures need to not only be in compliance, but they also need to be attractive to potential investors. Again, an experienced EB5 attorney with relationships with immigration brokers or agents is extremely helpful in this process.

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    Ed Beshara

    Immigration Attorney
    Answered on

    An experienced EB-5 attorney will assist you to structure EB-5 compliant and marketable documents for your existing business. Your business may be considered to be either a direct or Regional Center business.

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    Rohit Kapuria

    Immigration Attorney
    Answered on

    There are multiple issues to address. First you need to put together the project documents that would ultimately be approvable by USCIS. If you have an approvable project then it will be a matter of finding interested investors. The first question to ask is how much capital you need. If you are only looking for a few million dollars, then that will involve just a handful of foreign investors. In this case, you should pursue a direct eb-5 process. For the direct eb-5 deals, you need the following individuals: a) an eb-5 immigration attorney; b) an eb-5 business plan writer; c) an eb-5 securities attorney (since you will be conducting a limited offering); and d) possibly an eb-5 marketing agent. If your project is very large, then you should pursue a regional center based EB-5 project. In addition to the aforementioned individuals, you would need a) a regional center to contract with; and b) an eb-5 economist. Given that you are looking to expand an existing business, I am guessing you will opt for the direct eb-5 process. A direct eb-5 investor will take an equity position in your company (could be common share ownership or preferred equity). This means that the investor''s chances of a getting a substantial return are greater but at the same time, it will be harder for the investor to exit the deal in the future. In the regional center context, the investor is usually passive and in many cases, is simply making a loan to the job creating entity. At the end of the day, the key for each strategy is job creation. In the direct eb-5 context, for every investor that invests in your existing business, you need to demonstrate a net creation of 10 US workers. Expansions can be somewhat tricky and so before you begin putting together a team, I highly recommend you speak with an eb-5 immigration attorney to determine if your project will ultimately be approvable.

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