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How can an existing foreign business be transformed into a new venture for EB-5 purposes?

I have a travel and tourism company in my home country. I would like to open up a branch office in the United States and use that for an EB-5 investment. What steps would I have to take to make sure that this would be considered a new business considering the company already exists outside of the U.S.?

Answers

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    You should be able to qualify a new U.S. operation as a new commercial enterprise created after November 29, 1990, as long as it is otherwise EB-5 compliant. Minimum investment amount is $1 million or $500,000 if in a targeted employment area or rural area; and if it creates 10 full-time jobs within a reasonable time period, i.e. two years.

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    Ed Beshara

    Immigration Attorney
    Answered on

    With the right preparation, the structure of your new EB-5 business in the U.S. will be EB-5 compliant with the EB-5 regulations and policies. Furthermore, the U.S. operation will be considered a new commercial enterprise and not an existing business.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    As long as the new U.S. business has an EB-5 compliant infrastructure (both legal and financial), then it could be a qualifying EB-5 project. EB5 counsel would review the project for this compliance and the source of your investment funds.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Companies existing outside of the U.S. are not relevant. A new commercial enterprise for EB-5 purposes is a U.S. entity formed after November 29, 1990.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    New business for EB-5 purpose is a business that has been incorporated or established in the U.S. after 1990. The fact that you wish to move your business back to the U.S. is a good thing as you will be establishing a new business in U.S. and bringing your know-how to make it successful here. The requirements for this EB-5 case is like any other - $ 1 million in investment ($500,000 if in TEA or rural area) and that your new business has definite and articulable plan to create 10 or more full-time (35 hours or more per week), permanent jobs within reasonable period of time, such as within two years.

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