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How can we count jobs from two EB-5 companies?

I am planning an EB-5 direct investment project with a local partner who will also invest his funds to establish a new company. We will then use that company to create a 100 percent owned subsidiary company. Can the employment positions created by both companies be counted toward the minimum 10 full-time positions?

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    Ed Beshara

    Immigration Attorney
    Answered on

    In a direct EB-5 structure, a holding company can own 100 percent of one or more subsidiary companies. The EB-5 investment funds can be invested in the holding company and then can be disbursed amongst the one or more subsidiary companies. In addition, the 10 jobs can be created amongst the two subsidiary companies.

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    John J Downey

    Immigration Attorney
    Answered on

    If the subsidiary company employs the 10 new positions, there should be no difficulty.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    The parent-subsidiary scenario should work.

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    Charles Foster

    Immigration Attorney
    Answered on

    The best way to avoid the problem by having different structures is for all employees to be employed by the parent company.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The USCIS definition of a "new commercial enterprise?" includes a business and its wholly owned subsidiaries. Therefore, the answer to your question is "yes."

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Probably not, as that would be double dipping into the same job pool. Each investor is responsible for creating 10 jobs.

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    Peter Zhang

    Immigration Attorney
    Answered on

    It may be possible if the other company is a subsidiary of the job creating entity.

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    Steffanie J Lewis

    Immigration Attorney
    Answered on

    Payroll records are evidence of the number of full-time positions created during the two years following your admission to the United States. Yes, it appears that your investment would create 10 full-time positions in a single company that happens to include a subsidiary. I am assuming that your local partner is not also filing Form I-526. If so, his or her invested funds are counted with yours to create 10 full-time positions. Your investment must be in a single enterprise. I am assuming that the subsidiary company is wholly owned by the enterprise in which you and your partner invested. In that sense, the enterprise in which you have invested has created 10 full-time positions.

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    Michael A Harris

    Immigration Attorney
    Answered on

    Yes, it may work because USCIS allows this type of arrangement for aggregating jobs. Under existing policy, when an investor invests in one company that then has a wholly owned subsidiary, the direct full-time jobs which result under the entire enterprise may be credited for EB-5 purposes.

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