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Questions & Answers

How long must an existing EB-5 business remain profitable for?

If an EB-5 investment is made in a preexisting enterprise established in 2000, does the business have to remain profitable for the entire time that the investor is waiting for permanent residency?

Answers

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    Xiaosheng Huang

    Immigration Attorney
    Answered on

    USCIS does not care if the business is profitable or not. They only care if you create 10 full time jobs.

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    Barbara Suri

    Immigration Attorney
    Answered on

    Upon the filing of the form I-829 to remove conditions on the residence card, the investor must show the following: 1. Evidence that the entrepreneur invested the requisite amount of capital. 2. Evidence that the entrepreneur sustained the enterprise and the investment in that enterprise throughout the period of conditional permanent residence. 3. Evidence that the entrepreneur's investment created or can be expected to create, within a reasonable time, 10 full-time jobs for qualifying employees. In the case of a troubled business, you must submit evidence that the NCE maintained the number of existing employees at no less than the pre-investment level during the period of your conditional permanent residence.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The investment must be sustained in the project, the investment funds must be spent on the activities stated in the business plan, and jobs should be created. The business does not necessarily need to turn a profit during this time.

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    John J Downey

    Immigration Attorney
    Answered on

    Profitability does not play a role in the timeline. The enterprise needs to remain in business and not fold up and go into bankruptcy.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Profitability is not a requirement. Maintenance of jobs is.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    USCIS is going to want to see a viable business enterprise and profitability may be a factor in this judgment. I recommend you immediately consult with your investment immigration attorney to review your business before taking any action.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    It is not so much profitable as much as it is in job creation after the visa is issued.

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