Can a business reincorporated in 2010 qualify as an EB-5 NCE? -

Can a business reincorporated in 2010 qualify as an EB-5 NCE?

Under the 1990 Rule, if a store was established in the 1970s and has been a family business since then, but the current owner purchased the assets and goodwill from the previous one under a new business incorporated in 2010 and continues to run the same store, does the current business qualify as an NCE created after 1990 criteria?


Bernard P Wolfsdorf

Bernard P Wolfsdorf

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Answered on

The rules are complex. First question is whether you will add 10 new full-time jobs, and if the business is an existing business, it become extremely complex. Much better to start a new venture or invest in a regional center project.

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