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Can I create a single-member LLC for EB-5 through third-party service providers?

I can get all the licenses and an employer identification number for the company. I will invest the required amount of money. Can I use this business to apply for EB-5?

Answers

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    If I understand you correctly, you are asking whether you could make a direct investment and obtain permanent residency through that route as opposed to the more common method of a regional center with pooled investments. The answer is yes. As long as you form a newly created entity, create 10 full-time positions, invest the required minimum amount of funds from verifiable sources, write a business plan that is compliant with EB-5 procedures, rules and regulations, you should be in good shape. There is nothing that would preclude you from using the services of third-party service providers.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    The key question is whether your new business will create jobs for at least 10 U.S. workers.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    I do not know what do you mean by third-party service provider. If you have the money, you can establish your own entity, invest the required investment amount and apply for the EB-5.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Really, any for-profit business entity that will create 10 full-time positions should qualify, but I'd want to look at everything carefully.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Sure you can. But you should have an immigration lawyer do it for you to make sure you will qualify.

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    Robert West

    Immigration Attorney
    Answered on

    Maybe you should have someone evaluate the investment to see if it meets all the requirements to be approved.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, you can use such a business model for direct investment as long as you meet all the EB-5 requirements.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You should be able to if you can, provided you have invested the correct amount of money and if you create 10 jobs.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes, you can use any business that is compliant with the EB-5 statutory and regulatory provisions for purposes of making a direct EB-5 investment, including a single-member LLC, provided that he creates at least 10 direct jobs for U.S. workers.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    An LLC may be an appropriate structure for the EB-5 new commercial enterprise. It is highly recommended that you hire an experienced EB-5 immigration attorney/corporate attorney to properly structure the LLC and prepare EB-5-compliant LLC documentation, including an LLC operating agreement. Third-party non-lawyer providers do not have such expertise. In order to qualify for an EB-5 visa, the LLC must use an EB-5 investment to create at least 10 full-time positions as evidenced by a comprehensive five-year EB-5-compliant business plan. A full-time position is at least 35 hours a week. If you plan to qualify for a lower $500,000 EB-5 investment amount, the LLC must be principally doing business in a designated targeted employment area (TEA), as certified by the applicable state authority.

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