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Can I make an EB-5 investment through a holding company?

I am the sole shareholder of an LLC holding company. If I invest in a new commercial enterprise with my personal money but through this LLC, is this acceptable for EB-5?

Answers

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Yes. You should be able to do this as long as the holding company you are the sole owner fully owns the NCE. This way you would be the ultimate owner of the NCE. Just make sure that the NCE is compliant.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You may invest personal EB-5 funds into a holding company if it owns a wholly owned subsidiary or subsidiaries and your EB-5 capital will be used to create at least 10 full-time positions to qualify for EB-5. Please hire an experienced EB-5 immigration attorney.

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    Mitch Wexler

    Immigration Attorney
    Answered on

    No. Must be a personal investment.

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    Blake Harrison

    Immigration Attorney
    Answered on

    Yes, this is acceptable.

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    Daniel B Lundy

    Immigration Attorney
    Answered on

    You can make an EB-5 investment through a holding company, provided you can source all the investment in the holding company and your money is used in one or more wholly owned subsidiaries of that company to create jobs.

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    Phuong Le

    Immigration Attorney
    Answered on

    This is a start but will need more info. Depends on when the LLC was formed, the nature of its business, and if you can create 10 full-time jobs. For example, if the holding company was formed to acquire/hold an asset such as real estate, probably not. However, if the holding company was formed to develop/manage a mixed-use development, then possibly. Again, depends on nature of your intended business.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    That can be structured to work.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    You just set up a sub-parent relationship and it should be fine.

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    Barbara Suri

    Immigration Attorney
    Answered on

    The EB-5 investment requires personal funds to be put at-risk.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes, an EB-5 direct investment can be made through your own LLC holding company, provided that the direct investment is otherwise EB-5-compliant.

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    Michael A Harris, Esq

    Immigration Attorney
    Answered on

    Yes, if this is a direct EB-5 stand-alone filing, for you it would be permissible under USCIS policy as long as the holding company owns 100% of the subsidiary. More information will be needed otherwise to evaluate whether the project would meet the other EB-5 requirements.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Provided the holding company owns 100% of the subsidiary, this should be permissible.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    This should work (not sure if it is best) but would need more details.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    For direct (non-regional center) investments, NCE is the entity that receives the money and creates the jobs. Additional entities can be involved if it is 100% owned by the NCE. If you can do that, I think we could possibly make this work.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    May be possible as long as the holding company is the job-creating entity for EB-5 purposes.

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