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How can an export company be used for EB-5 immigration?

I have an export company in the United States which is owned by my offshore company. We buy U.S. made products, and we create a lot of indirect jobs in our suppliers. We export over $6 million a year. Can this flow of cash can be considered as investment, or grounds to apply for an EB-5 green card? Basically, my offshore company and a few clients use my U.S. company to receive money and buy goods. How can I use this structure to apply for the EB-5 green card?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    An experienced EB-5 immigration attorney will be able to advise you and give directions as to EB-5 compliance. A foreign national investor has to invest their personal funds into a new commercial enterprise in order to obtain U.S. permanent residency. Retained earnings cannot be used towards the personal investment amount.

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    Oliver Huiyue Qiu

    Immigration Attorney
    Answered on

    The business model will not work for EB-5 purposes. You might be better off using the L-1A visa or to apply for a green card under EB-1C as managers or executives of a multinational business.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Regional center projects are the only ones who could count the indirect jobs. In order for you to obtain an EB-5 benefit, the U.S. entity should be stand-alone, not owned by a foreign company and you need to create 10+ full-time, permanent jobs from that company and hire U.S. workers for those positions documented with W-2 and I-9s to present as proof for your I-829 removal of condition application later. You should work with EB-5 corporate and securities lawyers to make your business EB-5 compliant. EB5Investors.com has a list of Top 25 EB-5 lawyers on their website to help you connect with the best attorneys.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It would be hard-need to show the investment will create jobs; maybe if the project is within a regional center, and the investment will expand your business resulting in direct and indirect U.S. jobs, we can build the case.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The investment must be of personal funds from a personal account. A business depositing funds into a project on one's behalf will not count! Loans or dividends from the company to the investor to be used as investment funds may count, but that requires assistance from immigration counsel to get that done correctly. Investing into an export business (with the right funds!) may be acceptable if the legal and financial infrastructures are set up properly and you can show 10 jobs can be created.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    No; the investment must be your personal investment, not the company's flow of cash or goods. In your situation, you might wish to consider an EB-5 alternative, such as an E-1 treaty trader nonimmigrant visa (depending upon your country of citizenship) or an L-1 intracompany transferee for a manager or executive nonimmigrant visa (or an EB1C multinational manager or executive if your U.S. company has been doing business for at least one year). You should consult with an experienced immigration attorney, such as myself, who can advise you of all your options.

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    J Bruce Weinman

    Immigration Attorney
    Answered on

    The intending immigrant has to personally invest the funds, and the new commercial enterprise has to employ (at least) 10 qualifying workers. It does not seem like that is the case here. Only with a regional center can you count indirect jobs. That may be of interest to you; but, it is far too costly and time consuming to set up a regional center if you are only looking to submit one I-526 petition for yourself.

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