+1-800-997-1228
Questions & Answers

How can I invest remotely in an EB-5 project as a student?

I am currently a student in Boston and I am looking at making an investment in my friend's marketing company in NYC. What type of role do I need to have in the business and can I do this remotely? (I want to stay in Boston but have my investment in NYC.)

Answers

  • Avatar

    Reza Rahbaran

    Immigration Attorney
    Answered on

    First, it must be determined if your friend''s company is within a targeted employment area. This will dictate if you qualify for the minimum threshold investment of $500,000. The next step will be to determine if your friend?'' company can create the necessary jobs to satisfy EB-5 requirements.

  • Avatar

    Roberto Ortiz

    Immigration Attorney
    Answered on

    If you plan to invest in a direct EB-5 project, you have to be managing the day to day operations of your investment. However, if you decide to invest in a project located in a regional center, you do not have to manage the project and you do not have to live in the same state or city. If you have any other questions, please do not hesitate to contact me.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You can make an investment in Alaska if you wished and still live or study in Boston! The active participation requirement is such that you will have to be able to vote on the matters of the business, but not be at the actual location for day to day operations. That is, you can do this remotely.

  • Avatar

    Shahzad Q Qadri

    RC Creator
    Answered on

    To provide a complete assessment, we do need more information. However, if your friend's company is a RC, then remote investment is not an issue. However, if it is a direct investment, a position will need to be structured so that you are involved with the company, but you wanting to remain in Boston should not be an issue.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You must be involved in the management of the new commercial enterprise and it may not be a purely passive role. An LLC manager, limited partner, corporate officer, or director, should suffice. You do not necessarily need to reside in the same city where the investment is located. You should consult with an experienced EB-5 immigration attorney who can advise you on the requirements.

  • Avatar

    Olga Karasik

    Immigration Attorney
    Answered on

    Yes, you can do it remotely. You need to have some role in major decision-making, you don't need to be in the same location or the state where the business is. The business has to create 10 permanent full time jobs.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    In order for you to be an active investor, you need to either operate or manage the company or have a policy making position, such as being a member of the board of directors.

  • Avatar

    Ying Lu

    Immigration Attorney
    Answered on

    You may choose not to participate into the day-to-day management. A policy making role, such as voting rights on important business decisions can be the evidence of your policy making role. Also, is your friend''s company qualified as a new commercial enterprise? Can his/her company generate 10 additional jobs with your investment? Will your investment be placed "at risk"? Please consult an experienced EB-5 attorney because direct EB-5 is complicated.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, this can work but you would need to show you are overseeing the project at some level.

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    As an EB-5 investor, you can invest in a new commercial enterprise which is not located in the same location as where you live. You can participate as a manager in a limited role and this can be done remotely.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You do not have to be physically in the same place as the investment.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.