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How many EB-5 investors can a startup business have?

Is there a limit to how many foreign investors using the EB-5 visa program a new startup business may have? And can they come from different countries?

Answers

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    The issue here is the creation of at least 10 full-time jobs per EB-5 investor because it is a direct investment scenario. Accordingly, if a business has 10 EB-5 investors, it must create 100 jobs. There are no limitations for nationality or country.

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    Xiaosheng Huang

    Immigration Attorney
    Answered on

    The EB5 investors can come from different countries. And there is no number limit for the startup business.

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    Echo Meisheng King

    Immigration Attorney
    Answered on

    The number of investors in a project is limited by the number of jobs that can be created from the project. Each EB-5 investment must create 10 new jobs. The investors can come from different countries.

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    Ed Beshara

    Immigration Attorney
    Answered on

    In an EB-5 business, there is no limit on the number of investors that can invest in the new commercial enterprise and can come from all different countries.

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    Robert Lee

    Immigration Attorney
    Answered on

    It depends on the job creation. Each investor must have 10 full-time jobs created by the business on their behalf. So if you make 30 full-time jobs then you can only have three investors. Different nationalities does not matter.

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    Ying Lu

    Immigration Attorney
    Answered on

    There is no limit as to the number of investors that a startup can have, nor there is limitation on the nationality of the investors. The real issue is about the job creation. If it is a direct EB-5 project, each investor will be required to create 10 direct new jobs within the new commercial entity. That means if you have 100 investors, you need to create 1,000 direct jobs, which normally is not realistic; instead, such kind of projects should be operated under the regional center program when you have a lot of investors.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    There is no legal limit or requirement for the amount of investors. Please note that if you plan on going into the open market of EB-5 investors, it will be expected that a good percentage of the capital stack is NOT EB-5 funding (it could be traditional loans, developer's equity, etc.) Investors can be from any country, but Chinese investors are still facing delays in obtaining their visas, which may affect timelines.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    There is no limitation on the number of EB-5 investors. However, since you need to create 10 full-time, permanent jobs, a new startup, small business may want to be conservative in job creation projections and limit the number of investors to make sure that enough jobs will be created for the removal of conditions.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    There is no limit as far as immigration law is concerned. There may be, however, some U.S. securities law issues with investors or offerees over a certain number. It does not matter how many different countries they are from.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    There is no limit, but each investor must put in the required amount ($500,000 or $1 million depending on where the business is located TEA or not) and 10 new jobs must be created for each investor so 20 investors, then 200 new jobs.

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    Russell C Weigel, III

    Securities Attorney
    Answered on

    There is no limit to the number of investors who can invest in a U.S. domiciled business. The investors can be from more than one country. A company contemplating an EB-5-related capital financing must comply with applicable securities laws (and other laws of course) which have certain numerical thresholds on the number of investors that trigger various compliance requirements.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The only limitation is the job creation requirement that 10 jobs be created per investor, or indirect jobs if you have a regional center. Nationality is not a requirement.

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    John J Downey

    Immigration Attorney
    Answered on

    There is no statutory limit from USCIS, It boils down to what makes good business sense, i.e. what is the nature, size and scope of the business project.

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    Sufen Hilf

    Immigration Attorney
    Answered on

    There are no limits on this "pooled investment." But each investor must invest the required amount of funds and each create 10 full-time jobs for U.S. workers.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    There is no statutory limit to the number of EB-5 investors comprising a startup business, as long as each investor invests the requisite minimum capital, and the business model is able to show that it can and intends to create at least 10 new jobs per investor.

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    Ian E Scott

    Immigration Attorney
    Answered on

    There is no limit regarding the number of investors. The nationalities will only impact the process to the extent one of the investors is from China and that investor also wants a green card. The green cards for China are not currently available so that investor would have a longer wait.

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