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What approval does a business need join the EB-5 program?

We are a business seeking to participate in the EB-5 program. Do we have to be approved by the INS? What applications do we need to submit to join the EB-5 program?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    A business will have to prepare EB-5 compliant documentation such as a business plan. The business plan will have to show how the required investments funds are being committed to create 10 new full-time jobs by U.S. citizens or U.S. permanent residents. For a business to be EB-5 compliant, it does not have to be preapproved by USCIS before the business accepts the EB-5 personal investment of funds.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You can apply for your own regional center license or work with an existing entity with such a license. Your project needs to be structured in such a way and have certain documentation necessary to comply with the requirements of the program. Please note that you cannot just show up and get foreign money (like a grant program). Individual investors have to file petitions based on their investment into your project.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    No approval is needed for a direct EB-5 business. Generally, you have to be a for-profit commercial enterprise created on or after Nov. 29, 1990, and otherwise comply with the at least 10 full-time job creation requirement (at least 35 hours/week) for each foreign EB-5 investor seeking to obtain a green card in the United States by investing in your business. Otherwise, associate with a regional center project or create a regional center if you wish to take advantage of indirect job creation methodologies.

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    John J Downey

    Immigration Attorney
    Answered on

    You need to be a for-profit entity that was formed any time after Nov. 29, 1990. The complete requirements can be found on the USCIS website.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You do not need approvals to do EB-5 direct. For the regional center program, you need to affiliate with a regional center, or open your own.

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    Peter Zhang

    Immigration Attorney
    Answered on

    If you are looking to do standalone direct EB-5, then you can just submit the business plan and other necessary docs directly to USCIS. If you are seeking financing through a regional center, then you would need to do a private offering and submit docs as required by the regional center.

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    Charles Foster

    Immigration Attorney
    Answered on

    To join the EB-5 program you need to first consult with experienced counsel, preferably Board Certified in Immigration and Nationality Law with significant EB-5 experience in setting up and representing EB-5 regional centers. You would have to determine whether or not your business proposal would meet the requirements for an EB-5 direct investment or through an EB-5 regional center. You would then have to decide whether you would want to set up and organize your own EB-5 regional center or to work with an existing EB-5 regional center whose footprint covers your geographic location. You would have to determine whether the premises of the business in question fall within a Targeted Economic Area (TEA) in order to attract investments at the $500,000 level, which is where the market is rather than the $1 million level.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    Your question is unclear, as to what you are seeking. I require additional information to provide an accurate response. Do you wish to become a regional center? Are you looking at starting a new commercial enterprise in the United States? Are you seeking to be on the receiving end of an EB-5 investment (through a regional center)?

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