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How can I invest in two different businesses/projects to qualify for EB-5?

If I am investing in a TEA area, how can I invest 600,000 into two businesses/projects, meaning 300,000 each and fulfill the EB-5 requirements? It would create around 8 direct jobs in each business. How can I get these investments to qualify as an EB-5 investment for my application?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    The permissible structure would be to invest into a holding company that owns two subsidiaries that are operating entities.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It is possible to put together viable structures but the bottom line is it is safer to make sure that both entities are within the TEA.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    The new commercial enterprise can be a holding company and its wholly owned subsidiaries. You could invest in the holding company. The two new businesses would be wholly owned subsidiaries of the holding company. The people holding the jobs created would be employees of the holding company.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Invest in a holding entity which will own the two businesses that will operate and create jobs. The holding entity will pass your invested funds to the operating entities.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You can create an entity that owns/operates both and structure the investment so that the requisite capital and job creation vehicle is that entity. It is doable.

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    Charles Foster

    Immigration Attorney
    Answered on

    You can invest $300,000 in each project provided they are both in TEA and they are both owned by the same entity.

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    Barbara Suri

    Immigration Attorney
    Answered on

    It is my understanding that one of the EB-5 criteria, is that one must invest a minimum of $500,000 in "a" business, not in multiple businesses.

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    Stephen Berman

    Immigration Attorney
    Answered on

    In my opinion that would not qualify.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    You should consult with a qualified EB-5 attorney. But this can be done by placing the two businesses under the same business entity. Your attorney will be able to advise you on this

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    Blake Harrison

    Immigration Attorney
    Answered on

    You could potentially create a holding company that wholly owns the two new businesses that create at least ten jobs for U.S. workers.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    If the business is one business running both projects/businesses with having a nexus that will be controlled by one board and one plan, it may be possible. However, you should work with EB-5 corporate lawyers to set up a company properly with a comprehensive business plan that could be pulled together to show that the business is EB-5 compliant and that you invested $600,000 into a business located TEA instead of only $300,000 two times.

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    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    Best to set up a parent/holding company (NCE) and be 100% parent of the 2 entities. The investment goes to the parent/holding since investment must flow through the parent/holding company. Also, I would put all payroll under the parent/holding company instead of separating them between the 2 projects.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    While it appears like a good idea, the USCIS will probably not accept such an investment. Advisably, rather than pursuing this proposal, you should invest the required amount in just one project.

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