The EB-5 regulations require the EB-5 investment to be in a U.S. legal entity. The job-creating entity has to be a business in a certain U.S. geographical area where the U.S. jobs are created. You will need advice from an experienced EB-5 immigration attorney regarding timelines and structures.
I am online business entrepreneur. I would like to create a web-based business from my home country, with some of the employees in the United States. When the business is making enough money, I will transfer business ownership to a U.S. location and invest the required money for EB-5 to expand it in the United States. Can I begin counting EB-5 job creation from when I first establish the business in my home country? Are there any location requirements for the people I hire?
The EB-5 program is for U.S. businesses, so you would probably have to start the business here. Depending on the nature of the business itself and affiliation with a regional center (for indirect jobs), an online-based business can work. Of course, you should retain EB-5 immigration counsel to help you set this all up.