How can I transfer my business to the United States for EB-5?

You may set up a business similar to yours in the United States. The lower threshold of $500,000 for direct investment is allowed provided that the business is within a TEA. Also, the business must create 10 direct full-time jobs within the TEA geographical area of your business. The procedure will take approximately 12-18 months after the filing of the I-526 petition. You may also have alternative options outside of EB-5 and should consult with an immigration attorney to determine the best visa for you.

You would need to make a qualifying investment in a new commercial enterprise in the United States, and you must create 10 new jobs for U.S. workers within two years. You may not be able to bring over any employees with you; this is not part of the EB-5 visa category. You need to create new employment in the United States for U.S. workers. There are other requirements for EB-5, such as lawful source of funds and at risk capital, but you should consult directly with an experienced EB-5 immigration attorney to advise on the specific requirements and how, or if, the EB-5 category can work for your business situation.

$500,000 must be invested in a U.S. enterprise. So the first step will be to set up a U.S. company (in a TEA area). You will not likely be able to bring your workers with you to the United States. You should consult an EB-5 attorney.

You should seek the guidance of an experienced EB-5 immigration attorney to consider whether moving your existing business in Bangladesh to the United States would qualify as a successful EB-5 enterprise. You would have to take all steps required by any other business to establish a new business in the United States. Under the EB-5 program regulations, you would also need to show job creation for 10 workers that are full-time U.S. (citizens or LPR) workers. So you cannot simply bring over your Bengali workers and count them for EB-5 job creation purposes.

You can set up your business by fulfilling the EB-5 requirements: 1) you must invest $500,000; 2) the fund must be from lawful sources; and 3) a minimum of 10 jobs must be provided. The 10 workers must be either lawful permanent residents or U.S. citizens. Thus, even if you are bringing in workers from Bangladesh as you indicated, those workers will not be counted for fulfillment of your EB-5 visa application. In addition, as a new business in the United States you may have problems in bringing workers from Bangladesh as part of your EB-5 project. Those workers may be brought into the United States under non-immigrant visas. To sort all these issues out, you need to consult immigration attorney.

Congress created the EB-5 Program to attract new investment capital and to create new jobs for U.S. workers. It appears that you are interested in bringing your current employees from Bangladesh with you. First, it would be difficult to get the appropriate work visas for these employees; second, your proposal would not create 10 jobs for U.S. workers. There may be a host of other regulatory burdens in the process. You should retain the services of an EB-5 attorney to determine whether you can achieve your goals.

You would absolutely have to hire ten people. A better approach would be to open an affiliate company here and bring yourself (and family) on an L visa. Then, in one year, you could convert to a green card. I will be happy to consult further.

You would have to set up the business in the United States according to the laws of the state in which you will operate the business (registration, incorporation, tax identification, etc.). It will also have to comply with EB-5 regulations in regards to your investment and infrastructure. Retaining EB-5 counsel who coordinates with other professionals (corporate attorneys, in your case) would be very beneficial.

Please note that hiring 10 permanent workers is for U.S. workers, not foreign workers you want to bring. Also, you should note that it may not be that easy to bring your existing workers into the United States just by relocating your business. The foreign workers must qualify to be given work visas, and there are limitations on what a brand-new small business could do to sponsor foreign workers.

You can accomplish your goals with the assistance of an EB-5 experienced attorney. You can invest your personal $500,000 funds into a new commercial enterprise in the U.S., and if the required number of 10 full time jobs will be created, you will first obtain the conditional permanent residency status.