Fredrick W Voigtmann
Immigration AttorneyThe problem you face is not that you are making an investment into two separate businesses; you could fix that by putting both businesses under one new commercial enterprise (NCE). You would need to make sure that both businesses are wholly-owned subsidiaries of the NCE. That would qualify. The real problem is that you are not investing the required amount of capital. Under your example, you would not be able to apply for EB-5 unless and until you can show $500,000 is invested and at risk. The money that has not been invested is not "at risk" because it is not subject to both potential gain and loss. Also, you need to show that your NCE is principally doing business in a Targeted Employment Area (TEA) if you are investing $500,000. Otherwise, the minimum capital investment is $1 million.
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