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How can I qualify for direct EB-5 using two different businesses?

I am an Indian-Born Australian citizen on an E-2 visa granted late last year. I would like to do a direct EB-5 visa. My question is, can I set up two different businesses in two separate locations that each fall in a TEA? If so, could I meet the minimum $500,000 investment and 10 full-time job creation requirements between the two businesses?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    There is a way to structure both businesses under a single new commercial enterprise (NCE) so that you can meet the EB-5 requirements. You need to make sure that one entity is a wholly owned subsidiary of the other. You should consult experienced EB-5 immigration legal counsel to advise you on how to do this, along with how to meet the other legal requirement of EB-5.

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    Jimena G Cabrera

    Immigration Attorney
    Answered on

    You may qualify provided that the two businesses are wholly owned subsidiaries of one holding company.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Maybe those businesses are controlled by a parent company which is the actual investment entity. You would need to seek assistance on an EB-5-compliant business structure.

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    John J Downey

    Immigration Attorney
    Answered on

    I think it would depend on how you write the business plan. If, for example, both businesses are part of the same parent company and that is the job creating entity, it might work.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Your efforts to build two businesses are appreciated, but the resulting proposal is likely to be rejected by the USCIS. In this type of situation, it is advisable that you stick with one business, try to meet the requirements for an EB-5 business such as investing about a minimum of $500,000, creating 10 jobs, documenting the source(s) of your funds is/are legal, and successfully and actually managing the direct business you are planning. Before proceeding further, seek the advice of an EB-5 attorney.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It may be possible, but I have not seen a regulation permitting this and I think you are asking for trouble to do it this way. I would suggest one legal entity even if the jobs need to be in two locations.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    This may be possible, but it has to be under a single corporation.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    The best thing to do here is to structure the two businesses under one umbrella organization that serves as the EB-5 company, where the company as a whole will meet the required investment and job creation requirements.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, you may qualify as long as a single entity is formed that holds/owns/controls both businesses and your qualifying investment is made with that single entity, etc.

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