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How can I get an EB-5 visa by renting out offices?

I want to buy offices and rent them to 10 people that will work there. Will this work for getting a green card through the EB-5 visa program? Why or why not?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    This will not work. Your investment funds must create at least 10 full-time (at least 35 hours a week) direct jobs. Renting offices to tenants is not direct job creation. Indirect and induced job creation is only available by investing in a USCIS approved regional center project.

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    Charles Foster

    Immigration Attorney
    Answered on

    It is not likely that by renting out an office with 10 people that you will be able to qualify for an EB-5 investor visa. First of all, you would have to invest a minimum of $1 million and create 10 direct jobs for U.S. citizens. For the investment to be $500,000, you would have to show that the office is located in a Targeted Economic Area (TEA). Furthermore the 10 individuals would have to be direct employees and U.S. citizens.

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    John J Downey

    Immigration Attorney
    Answered on

    This sounds simple, but I do not think it will get by the adjudicators. They are looking for 10 full-time new positions, where your project is the employer. Your scenario will not fly.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    This will not work. Your investment must be into a new commercial enterprise that creates full-time employment for 10 qualifying U.S. workers. Being a landlord does not create any employment, in and of itself.

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    Kyle Barella

    Immigration Attorney
    Answered on

    As stated in your question, this type of business would not qualify for the EB-5 program. However, with additional information and guidance from an EB-5 attorney, you may be able to structure your project in such a way that it could be approved. The information you provided is too limited at this time make a further determination.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The EB-5 job requirement is that your investment must create at least 10 jobs. Buying properties and leasing them to 10 people does not meet the EB=5 requirement. Advisably, talk to an EB-5 attorney before you go further with your plan.

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    Irina Rostova

    Immigration Attorney
    Answered on

    This plan would not qualify for an EB-5 visa as the jobs would be considered "tenant occupancy" jobs. In order to get credit for the jobs, a direct EB-5 investor (an investor who is not utilizing a regional center) will need to create the jobs and have the employees on payroll (W2s not 1099s).

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    This is using the tenant occupancy method. It might be possible, but you have to show these are new jobs that would not be there but for the $500,000 investment. USCIS takes the view that many of these rental jobs are merely relocated jobs under its strict tenant occupancy policy. For more information read the attached current policy: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Interim%20EB-5%20Tenant-Occupancy%20GM.pdf

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    Stephen Berman

    Immigration Attorney
    Answered on

    Unless the 10 renters are your 10 full-time employees, it will not work. You need to create 10 jobs, not rent 10 spaces.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You can invest in a commercial enterprise that operates commercial rental spaces. You should consider, however, if such investment has the capability of creating 10 full-time jobs.

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