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?
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.
The key question is whether your new business will create jobs for at least 10 U.S. workers.
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.
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.
You should be able to if you can, provided you have invested the correct amount of money and if you create 10 jobs.
Yes, you can use such a business model for direct investment as long as you meet all the EB-5 requirements.
Maybe you should have someone evaluate the investment to see if it meets all the requirements to be approved.
Sure you can. But you should have an immigration lawyer do it for you to make sure you will qualify.
Really, any for-profit business entity that will create 10 full-time positions should qualify, but I'd want to look at everything carefully.
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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