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What are the requirements for multiple EB-5 investors jointly investing in one direct EB-5 project?

My two friends and I are thinking about setting up our own company in a TEA and framing it as an EB-5 direct investment project to support the immigration application for the three of us. Under the current rules, how much does each of us have to invest in and how many jobs do we have to create in order to qualify for EB-5? At which stage of the application process would the failure of one investor’s application influence the cases of the others since we are tied to the same project?

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Under current law, a pooled direct EB-5 investment is fine as long as each of you invests $500,000 (total $1.5M) and creates at lease 10 direct full-time positions (total 30) for the business. Please consult an experienced EB-5 immigration attorney. Sincerely, Julia B. Roussinova, Attorney at Law, M.A., LL.M. (Tax Law) IBRLAW GROUP, PLLC 15405 SE 37th Street, Suite 100 Bellevue, WA 98006 Telephone: (206) 915-5085 Fax: (206) 905-2480 E-mail: julia@ibrlaw.com Web: www.ibrlaw.com Skype: roussinovalaw Like us on Facebook @ https://www.facebook.com/roussinovalaw NO ATTORNEY-CLIENT RELATIONSHIP: Absent a signed Attorney-Client Agreement with our firm, receipt of this e-mail correspondence, including any attachments hereto, may not be construed as legal advice nor does it create an attorney-client relationship. CONFIDENTIALITY NOTICE: The contents of this message are intended solely for the persons to whom this message is addressed, and may be protected from disclosure by the attorney-client privilege or other guarantee of confidentiality. If you believe you have received this message in error, please notify the sender at julia@ibrlaw.com and destroy all copies. TAX ADVICE NOTICE: If this message contains advice relating to Federal taxes, it is not intended or written to be used, and, it cannot be used for the purpose of avoiding penalties that may be imposed under Federal tax law. We understand that a taxpayer may rely on professional advice to avoid Federal tax penalties only if that advice is reflected in a comprehensive tax opinion that conforms to the requirements under Federal law. If you have any questions, please call us if you would like to discuss our preparation of an opinion that is consistent with these new rules. More information concerning this statement can be found at the Internal Revenue Service Website www.irs.gov. Please look for "Circular 230." CHANGE OF ADDRESS FOR NON-U.S. CITIZENS: Unless you are a U.S. citizen or a holder of A or G visa in the U.S., you must file a change of address within 10 days of moving or you may be subject to removal proceedings from the U.S. for failure to comply. You may file a change of address online (USCIS Form AR-11) at www.uscis.gov. I-94 UPDATE: DHS is no longer issuing paper I-94 departure records at entry. All nonimmigrants must print their electronic I-94 records immediately after entry at www.cbp.dhs.gov. It is very important to review for errors in spelling, expiration date, and visa category in your I-94 record. Print a copy for your records. ENVIRONMENTALLY-FRIENDLY NOTICE: Please consider the environment before printing this e-mail. TESTIMONIALS: If you appreciate the service of our law firm, please e-mail your testimonial to us at info@ibrlaw.com. On Tue, Feb 20, 2018 at 3:47 PM, Question From EB5Investors.com wrote: > A QUESTION HAS BEEN SENT TO YOU ON THE EB5INVESTORS.COM QA NETWORK > ID:3712 > > Question: What are the requirements for multiple EB-5 investors jointly > investing in one direct EB-5 project? > Question Detail: My two friends and I are thinking about setting up our > own company in a TEA and framing it as an EB-5 direct investment project to > support the immigration application for the three of us. Under the current > rules, how much does each of us have to invest in and how many jobs do we > have to create in order to qualify for EB-5? At which stage of the > application process would the failure of one investor?s application > influence the cases of the others since we are tied to the same project? > > *********************************** > To answer this question, please just reply to this email. The original > content and subject should not be modified, otherwise your answer will not > be valid. > Show that you''re an EB5Investors.com Verified EB-5 Attorney to more > prospective clients by publishing this free badge on your practice''s site. > After all, publishing the badge is a condition of being listed on > EB5Investors.com and showcases your involvement with the EB-5 community. > Just have your webmaster use this code to display the badge on your site: [image: > EB-5 Visa Program Information]

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If the new commercial enterprise is principally doing business in a targeted employment area, you each need to invest at least $500,000 (under current rules) and demonstrate that the NCE will create at least 30 full-time positions for qualifying U.S. workers. The failure of one petition might not affect the other two; it depends upon the reason for the failure of that petition. You should consult with an experienced EB-5 attorney prior to starting this project.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    Under current law, each foreign national investor must invest $1,000,000. However, if an EB-5 project is located in a targeted employment area, then each foreign national investor must invest $500,000. Ten jobs must be created for each foreign national investor.

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    Jimena G Cabrera

    Immigration Attorney
    Answered on

    Each investors who wants to qualify for the EB-5 visa must independently meet the capital and employee requirements. This is, each investor has to invest $500,000 and the new commercial enterprise has to create 30 full time jobs — 10 for each investor.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    If your budget justifies multiple investors, there is no special requirements for having multiple investors in an EB-5 entity. A $500,000 or $1 million investment amount applies at this time and each investor must create at least 10 full-time permanent positions.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Each would need to invest $1 million unless the business is in a state-designated targeted employment area. The business plan will need to support 30 new jobs being created. You each will need to demonstrate that the funds being invested were lawfully sourced with detailed documentation.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Each EB-5 investor must invest minimum of $500,000 (since project is targeted employment area),and each EB-5 investor must create the required minimum 10 jobs. Regarding your question about failure of application of one investor influencing the cases of the others, that would depend on the reason for the denial. If the denial is due to that individual''s inability to qualify versus due to the project''s inability to meet the requirements for the EB-5, etc.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The general rule is that an EB-5 investor must put down a minimum of $500,000 particularly in an employment targeted area, as you seemed to plan. In addition, each investment of $500,000 must result in the creation of at least 10 jobs within 2 years. These basic requirements will not change in your situation. Finally, while each EB-5 investment fund is an investment at risk, the failure of one petition should not lead to the demise of the rest of the venture if it is properly planned and executed. Advisably, consult an EB-5 expert before you proceed further on your idea.

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    Blake Harrison

    Immigration Attorney
    Answered on

    If the project is in a TEA, each investor will need to invest at least $500,000 to qualify under the EB-5 program. The minimum investment of $500,000 could increase in the near future, depending on new government regulations. Additionally, 10 full-time jobs will need to be created per investor. An EB-5 application (Form I-526 or Form I-829) can be denied for various reasons. An investor application denial does not necessarily mean that all investor applications with that project will also be denied.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Each EB-5 investor must invest the full $500,000 in the business in a TEA certified location and each EB-5 investor must create minimum 10 full-time, permanent jobs. Thus, if there are three of you total, you must create 30 Jobs and total investment amount needs to be $1.5 million. Please work with an experienced EB-5 corporate attorney to properly document that the business is a pooled investment and prepare the market analysis and business plan accordingly.

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