How can an existing foreign business be transformed into a new venture for EB-5 purposes? - EB5Investors.com

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

Julia Roussinova

Julia Roussinova

Immigration Attorneys
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.

Jinhee Wilde

Jinhee Wilde

Immigration Attorneys
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.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
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.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
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.

Ed Beshara

Ed Beshara

Immigration Attorneys
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.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.