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How can two investors from the same family apply for EB-5 direct?

I am interested in starting a U.S. business through EB-5 direct investment and having my family come with me. However, my son is going to turn 21 in June. If we file the EB-5 application before then, will he be eligible under EB-5? If not, can we both file an EB-5 application for the same business? How do the managerial requirements work for a direct EB-5 business with two investors?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes; you both can apply as immigrant investors in the same new commercial enterprise (NCE), assuming you independently meet each of the requirements. Your NCE can be structured so that you and your son each are involved in the management of the entity to the extent needed to meet EB-5 criteria. You should consult with an experienced EB-5 immigration attorney to receive specific legal advice about how best to accomplish this.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You may each be a principal investor and invest $500,000 each and create 20 full-time permanent jobs total (10 per investor). Another option is to add your son to your petition as a dependent if you file the I-526 before he turns 21, unless you are from China. Alternatively, your son may be a principal investor (with funds gifted to him) and when he becomes a U.S. citizen, he could petition for his parents to immigrate to the United States (this will take time).

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If you file before June he will likely be eligible provided he proceeds to the next step timely. If you do two EB-5 cases, you will need double the money and double the number of jobs created.

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    Robert Lee

    Immigration Attorney
    Answered on

    If your son is still under 21, just petition for yourself and add him as a dependent. If you cannot file before then, he will need to have his own investment (which can be gifted from you) in the company. The managerial requirements are not a big issue. For example you can be president and he could be vice president.

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    Ying Lu

    Immigration Attorney
    Answered on

    If you are not from China and you are able to file your I-526 petition with your son as your dependent before he turns 21 years old, his age will be locked. Otherwise, you and your son can each make the required amount of investment and file the I-526 petition separately. Both you and he need to play the managerial role in the business, which means that you and he either participate in the day-to-day management of the business or have the power of decision-making.

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    John J Downey

    Immigration Attorney
    Answered on

    First, I do not think you will be able to get under the wire with your son's coming birthday. Each investor must put up the required amount and be responsible for the creation of the 10 jobs per investor.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You may be able to each invest $500,000 into the same business, but the business will need to create 20 jobs or more. Each of you would be responsible for having the appropriate managerial duties. These so-called "pooled direct" investments are becoming common, so consult with an EB-5 immigration attorney to assist you with setting up the project and preparing your individual petitions.

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