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How can an EB-5 visa seeker enter a joint venture with U.S. resident?

Are there any models of cooperation which allow an EB-5 visa seeker to create some kind of partnership with a U.S. resident in order to establish a job creating enterprise, such as a small hotel?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes; you should consult with an experienced EB-5 attorney who can advise on you the requirements. The U.S. resident must prove that the funds invested were lawfully obtained, but you, as the investor, can get credit for all of the job creation, assuming you meet all of the other requirements and invest the required amount of lawfully-obtained capital.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    A new commercial enterprise model may be any type of a legal entity lawfully formed under the laws of one of the states of the United States. A U.S. citizen or resident otherwise having no employment authorization limitations may partner with an EB-5 investor. This could be in the form of a C corporation, LLC, partnership, joint venture, etc.depending on what the most beneficial tax treatment this entity will have. The new commercial enterprise must otherwise be compliant with EB-5 laws and regulations, securities laws and regulations, corporate laws, etc. It must be a job creating entity. From a federal tax law standpoint, it cannot be a U.S. S corporation because this structure does not allow a foreign individual shareholder with other certain exceptions; otherwise, its status will be terminated.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Absolutely this is done all the time where the foreign capital is only part of the project funding. Foreign investors like to see this.

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    Ed Beshara

    Immigration Attorney
    Answered on

    The new commercial enterprise/job creating entity can be owned by a U.S. resident or U.S. citizen and an EB-5 investor.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    There is no limitation on what type of corporation you need to establish for EB-5 immigration purposes as long as the business is a job creating entity. As a joint-venture with another person or people, you may establish a partnership, limited liability company, S corporation, etc. depending on the tax and liability exposure you want. You should consult with tax adviser and corporate attorney before settling on the type of company you want to incorporate.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You may be able to work something like this out as a direct EB-5 project. Retain an immigration attorney for the legal financial infrastructures of the business from an EB-5 compliance/immigration perspective, and the individual portions of the I-526 petition (source of funds).

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    Kyle Barella

    Immigration Attorney
    Answered on

    Yes, the EB-5 business can have owners who are not seeking to enter the EB-5 program. You, as the potential EB-5 investor, would still need to make sure you invested the requisite amount, and follow through on the job creation to qualify. Please contact an EB-5 attorney to learn more.

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    John J Downey

    Immigration Attorney
    Answered on

    There is no problem as long as the foreign investor places the money at risk and the jobs are created. You can partner with a U.S. resident.

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