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

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.

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

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.

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.

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.

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.

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.

Yes, for EB-5 purposes that shouldn&#39t 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.

Possibly. I&#39d want to look into the details further, but it would definitely be worth more of a look.

The ownership interest may be problematic for your H-1B. It&#39s fine from the EB-5 side, assuming all other requirements are met.

That certainly may work.

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.

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.