+1-800-997-1228
Questions & Answers

How can my projects work for EB-5?

I want to start a company that operates two businesses. The first business is related to public service, and the second is a staffing company. How can I make these projects work for EB-5? What obstacles might I encounter?

Answers

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The type of business you want to set up for EB-5 purposes is not a major determinant of whether you are going to face obstacles or not. Rather, the main issue you should focus on and address right from the planning stage of your ideas is the planned business features, such as: capitalization, sources of your investment funds and opportunity for job creation to be fulfilled. The three main basic EB-5 requirements must be met, and any inability to meet them will be the obstacles you will encounter. Those three EB-5 requirements are: 1) if you plan to set up the business in rural area expect to investment a minimum of $500,000; otherwise ,if you are setting the business up in urban/city area, the minimum investment is $1 million; 2) the source(s) of your investment funds for the business must be from lawful source(s); and 3) each business must provide a minimum of 10 jobs for U.S. workers (citizens and permanent resident only). Advisably, consult with an EB-5 attorney who can assist in setting up the business and ensure you can meet EB-5 visa rules.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    There are numerous ways that the your project might be structured, and there are many potential obstacles. It would be best to retain an experienced EB-5 immigration attorney who can advise on the specific requirements for EB-5.

  • Avatar

    Philip H Teplen

    Immigration Attorney
    Answered on

    Your question is so very broad. You truly need to directly consult with an experienced attorney.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    First, retain qualified EB-5 counsel with experience with the legal and financial infrastructures of EB-5 projects (as we do). Second, you may consider the type of EB-5 project you''d become: one associated with a regional center or a direct project (we''d assist with the pros and cons of each). You should then consider the legal and financial infrastructure, including how the investment funds would be obtained and transferred to the project. A firm would also assist with the marketability to foreign investors. Doing all of this alone is a huge undertaking, so retaining a law firm is a great plan!

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    In a direct EB-5 project structure, the holding company that receives the investors funds can be a 100 percent (wholly owned) subsidiary of the holding company. The funds then can be dispersed amongst the two subsidiaries involved in different business activities, and the jobs required can also be dispersed amongst the two subsidiary companies.

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.