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How long after starting a business can an investor apply for EB-5?

If a foreigner already owns a business in the United States that is worth more than $1 million and has more than 10 employees, would he be able to apply for the EB-5 program without making any new investments or would he have to make an investment of another $1 million and hire 10 employees? How long after starting a business could he apply for EB-5?

Answers

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    Answered on

    That will depend on several factors and timelines, but it may be possible. Working with EB-5 immigration counsel will put you in the best position to file an approvable EB-5 petition.

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    Answered on

    You actually have to invest $1 million (currently) if direct investment or $500,000 (currently) if the business is located in a targeted employment area or rural area to qualify for EB-5 visa aside from the minimum job creation requirement. It is not the worth of the business that qualifies, but rather the actual investment into job creating activities. You may apply immediately after you have made the requisite investment and file I-526 petition. Because it is taking USCIS 14+ months to adjudicate I-526 petitions, you will not be able to work in the United Staates immediately and should look into an E-2 visa or L-1A visa options if qualified. Please consult an experienced immigration attorney to review your options.

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    Answered on

    As long as it is a new commercial enterprise, there is no time limit as to when you may use the business that you invested in for EB-5 purposes.

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    Answered on

    You should consult with an investment immigration attorney who will be able to help you petition for EB-5 based on your current business. Note it is not the value of your business, but rather your actual investment that is considered. All sources of your original investment funds to start your business must be documented. I would not wait if EB-5 is important to you as we do not know what Congress may do after April 28, 2017.

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    Answered on

    There is no requirement to wait before applying; however, the investor has to show that he invested the necessary amount of $500,000 or $1 million (depending on the area), not just that the business is "worth" $1 million. The investment amount did not have to be transferred in one shot either; an investor can qualify if he can show that he made the full investment, even if it was done it parts over time.

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    Answered on

    EB-5 presently requires making an investment of $1 million that results in hiring 10 new qualifying U.S. workers. An investor can apply immediately after making the investment, but must submit a credible business plan and must have made the full amount of the investment prior to filing. Since most cases take about 18-24 months to complete the first stage, it is a good idea for the investor to already have a manager or another type of work visa to run the business until he or she can legally work in the United States.

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    Answered on

    It is not the worth of the business that matters, but being able to show you put $1 million into the business; if yes, then this will work for EB-5.

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