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What are the requirements for EB-5 direct business premises?

If I start a new business in the service industry, will the cost of buying the business premises (which can be residential premises from where I can run and operate the said business) be counted as part of the capital investment of $500,000 for EB-5? Am I allowed to split the investment in multiple businesses? And will I be counted as one of the employees out of the requirement for creating 10 jobs?

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    Ed Beshara

    Immigration Attorney
    Answered on

    You ask a number of excellent questions, and the answers can supplied by an experienced EB-5 immigration attorney. The investment funds can be used to purchase premises and for refurbishment. In addition, depending on the legal and financial infrastructure, the investment can be divided into more than one project according to an EB-5 compliant business plan.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You cannot count yourself or members of your family, and generally in EB-5, land costs cannot be used towards proving job creation. Splitting the investment is also really disfavored. A single commercial enterprise is best.

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    John J Downey

    Immigration Attorney
    Answered on

    You may use the cost of the business premises as part of your investment. However, if it is also a residence, they may not allow the full purchase price to be included. You may not be counted as one of the 10 jobs. You may split the investment but be careful where the jobs are created. You are investing $500,000; therefore you need to be in a TEA.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    In the regional center program, land/building acquisition is not considered an EB-5 expenditure, and it is likely that in a direct EB-5 context, the same would be true. I would also be wary of using a residence as your business location, as USCIS has not accepted such arrangement for other business immigration processes (L-1, E-2). Renovations and buildouts of the space would be acceptable. Second, multiple businesses under the umbrella of one New Commercial Enterprise (that is, the NCE will be the 100 percent owner of two businesses) may be accepted with the proper structure and documentation.

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