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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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    Answered on

    The specifics of a potential EB-5 project require careful analysis by qualified EB-5 immigration counsel. Retaining a lawyer early in the process will get you started on the right track from day one.

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    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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    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

    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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    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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    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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    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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    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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    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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    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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    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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