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How can multiple EB-5 investors form a new business entity?

We are three separate EB-5 investors looking to create a new business entity together. Is there a minimum ownership percentage each of us must have to qualify for the EB-5 visa? Also, since we are not going through a regional center, how will our applications affect each other? For example, if one of us files later, will the processing of the other two applications be delayed?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Multiple EB-5 investors may invest in a single commercial enterprise. In a direct investment scenario, each EB-5 investor is required to create and maintain at least 10 full-time jobs. The percentage of ownership may be different. The business should have a comprehensive business plan in place in addition to business documentation, such as a LLC or LP operating agreement, among others. Please consult experienced immigration and corporate counsel.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The EB-5 requirements are for investment amount and job creation. A specific ownership structure is not required as long as you meet these requirements and the requirement for maintaining an "active management" role. Each petition should be reviewed separately from the others. That is, as long as 10 jobs are created for each investor, it will not matter if another investor does not get approved.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Any number of foreign nationals may invest in a direct EB-5 project and for each investor the percentage of ownership may be different. As each investor transfers funds to the new commercial enterprise, there has to be the required creation of ten direct full-time jobs by U.S. citizens or permanent residents.

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    John J Downey

    Immigration Attorney
    Answered on

    You each need to invest the required capital - either $1 million or $500,000 depending on the area. You each need to create 10 direct jobs for a total of at least 30. When and how the money is to be invested will be explained in the business plan. This is your controlling document. If it makes business sense to stagger the time of investing the capital, then it will probably be accepted by USCIS. You should seek professional advice in preparing the business plan.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    That should work provided each puts in the requisite investment amount and 10 new jobs are created for each person, i.e. 30 jobs within the two-year period.

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