How buying a current business qualifies as an EB-5 investment? - EB5Investors.com
Questions & Answers > EB-5 Investments

How buying a current business qualifies as an EB-5 investment?

I am a licensed dentist currently working in the United States on an H-1B status. I also have an approved I-140 under EB-2 with a priority date of August 2023, and my country of chargeability is India. I have been practicing at the same dental office for over 5 years, and the practice is located in a TEA. Recently, the owner offered me the opportunity to purchase the practice, which is valued at approximately $800,000+.

Given the long EB-2 backlog for India, I am exploring whether EB-5 could be a viable pathway if I proceed with acquiring this practice. Can purchasing an existing dental practice in a TEA qualify as an EB-5 investment? If so, would the business need to be expanded or restructured to create the required 10 new full-time jobs, or can existing employees count? Would an $800,000 investment in a TEA satisfy the EB-5 investment threshold if structured properly?
How should such a practice acquisition be structured (new commercial enterprise, expansion, etc.) to potentially meet EB-5 requirements? Given that I already have an approved EB-2 I-140, are there strategic considerations before pursuing EB-5?

Click here for a Free Evaluation

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

EB-5 Immigration attorneys
Answered on

These are incredibly difficult. You would be much smarter to invest in a regional center with an approved I-956F. When you get an EAD off the concurrent filing, then you can buy the practice and work in it legally. Doing a direct on an existing practice is very risky.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.