+1-800-997-1228
Questions & Answers

Can I invest in the company that sponsors me for an H-1b visa and apply for EB-5?

Currently, I work for an IT consultancy on an H-1b visa. I want to invest in the company, become a partner and use this investment to apply for EB-5. With my investment, the company will be able to create new jobs. Is this a feasible plan?

Answers

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Investing in an existing company has different rules. The critical element is to create new jobs. There are three possibilities for "establishing a new commercial enterprise" when investing in or purchasing an existing business with regards to meeting the requisite employment criteria. You can: create an original business; purchase an existing business and simultaneous or subsequent restructuring or reorganization such that a commercial enterprise results; expand an existing business such that a 40% increase either in the net worth or the number of employees results. If it is a troubled business, sometime you can save the potentially lost jobs. But the bottom line is will you create 10 additional jobs and is there a 40% increase either in the net worth or the number of employees that results, but not less than 10 jobs.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    It is possible to qualify you as a limited partner or member to qualify you, assuming all other EB-5 visa requirements are met. You should hire an experienced EB-5 immigration attorney who can advise you after reviewing all details of your prospective investment and also ensure you do not violate your H-1B visa terms.

  • Avatar

    Hassan Elkhalil

    Immigration Attorney
    Answered on

    It can be done but you need to consult with a lawyer for more specific advice on your situation.

  • Avatar

    Barbara Suri

    Immigration Attorney
    Answered on

    It is my opinion that you may invest in your company if and when it meets the criteria for an EB-5 investment. You should strategize with an EB-5 immigration attorney.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    There is no EB-5 restriction on investing in a company that is your H-1B sponsor. You want to make sure, however, that any changes in your H-1B petitioner are reviewed by an experienced immigration attorney to make sure that you still qualify for H-1B once you become a part owner of the company. H-1B does not allow self-employment, but requires a valid employer-employee relationship. The rules are tricky, so make sure to have it reviewed before you take any concrete steps to invest or change the ownership of the H-1B company.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    While this is feasible, it is difficult to qualify a successful company such as your company in the instant case for EB-5. Essentially, your company must put a business plan together that shows as a result of the investment, the company will create ten new jobs and as well meet all other EB-5 requirements. Prior to setting on this plan consult an EB-5 attorney to lay the necessary groundwork for a successful project.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    As long as your investment creates the required 10 jobs, it should be fine from the EB-5 standpoint, provided that you meet all the EB-5 investment requirements. You are not allowed to self-sponsor for the H-1B visa though. Once you become part owner of the company, you might have an issue with your existing H-1B visa. Do not take any step before consulting with an experienced immigration attorney.

  • Avatar

    Vaughan de Kirby

    Immigration Attorney
    Answered on

    At first blush I would say no, because you are not investing in a new commercial enterprise that would create employment for 10 people. But do consult with an experienced investment immigration attorney before writing off the concept.

  • Avatar

    Sally Amirghahari

    Immigration Attorney
    Answered on

    It all depends whether the company will meet all the necessary requirements for the EB-5 with a $500,000 investment. I strongly suggest you consult with an experience immigration attorney and discuss the structure and business plan for your potential investment prior to investing.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    That certainly may work.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    The ownership interest may be problematic for your H-1B. It's fine from the EB-5 side, assuming all other requirements are met.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Possibly. I'd want to look into the details further, but it would definitely be worth more of a look.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, for EB-5 purposes that shouldn't be an issue. However, for H-1B processing (i.e., if you need to file an extension of stay) you would need to disclose that you are a part owner/partner, which may have an effect on the "self-petitioning" issue.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.