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What constitutes an EB-5 business project?

Is it possible to obtain an EB-5 visa not by investing in a business, but in something like government bonds? What are the qualifications for an EB-5 project?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    No, passive investments (such as stocks, bonds, passive ownership of real estate) do not qualify for the EB-5 program. One has to invest in a new commercial enterprise which is a for-profit business entity, either through a project in a USCIS approved regional center or directly into a business entity. One must also create at least 10 full-time permanent jobs (at least 35 hours a week) in a direct investment, or benefit from the induced/indirect job creation by investing through a regional center project.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    No; the EB-5 investment must be in a new commercial enterprise and it must be an active, for-profit, job-creating entity. If you need specific advice about the EB-5 requirements, you should consult with an experienced EB-5 immigration attorney.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    No this will not work. It must be a new commercial enterprise and the investment must create ten new jobs. If you do not want to manage a project then you should look for a reputable regional center with a good solid history of immigration approvals.

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    John J Downey

    Immigration Attorney
    Answered on

    No. You can find the requirements on the USCIS web site.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Under the EB-5 program, the EB-5 investor has to invest their personal funds into a new commercial enterprise, which is an actual business for profit.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The new commercial enterprise needs to be a for-profit business entity.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The EB5 visa is allowed for actively investing in a "job creating" business/project. Any passive investment like stocks/bonds, etc. does not qualify for EB-5 benefits.

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    Karen-Lee Pollak

    Immigration Attorney
    Answered on

    No, you have to invest in a regional center or an actual business that will create at least 10 full time jobs for U.S. workers.

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    Echo Meisheng King

    Immigration Attorney
    Answered on

    In order to qualify for an EB-5 visa, the investment has to be made into a new commercial enterprise, the investment has to be "at risk," and the business has to create 10 new jobs. I do not think buying government bonds will qualify.

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