Questions and Answers > EB-5 Requirements

Can my company make a qualified EB-5 investment?

I own 100% of XYZ operating company in China. Rather than disburse funds from XYZ to my personal account and then use funds to make my personal investment in a new enterprise, can I make a qualified EB-5 investment by having my wholly owned company, XYZ, invest its funds in newly formed C Corp which is 100% owned U.S. subsidiary of XYZ?

Answers

• Reza Rahbaran

  Immigration Attorney

  Answered on May 16, 2013

  You may not structure your investment in this manner. You may instead receive a loan from your company for your investment, as the regulations require use of personal investment funds.

• Julia Roussinova

  Immigration Attorney

  Answered on May 10, 2013

  No, you may not. EB-5 investment must be from your personal funds or a loan arrangement may be structured that qualifies for EB-5 investment. Another option may be an L-1A visa. You should consult a qualified immigration attorney before you take steps to transfer funds to avoid mistakes.

• Ying Lu

  Immigration Attorney

  Answered on April 30, 2013

  No. For the EB-5 application, the investment must be made out of your personal funds rather than corporate funds. If you wish to set up a U.S. subsidiary of XYZ by using the corporate funds, you may want to consider the L-1 visa option.

• Shahzad Q Qadri

  RC Creator

  Answered on April 30, 2013

  Unfortunately, no. Corporations cannot make an investment in the RC. While I understand that you are a 100% owner, there is a likelihood that your I-526 Petition will be denied.

• Mahsa Aliaskari

  Immigration Attorney

  Answered on April 30, 2013

  The investment must be made from an individual''s personal funds, they cannot come from a company account.

• Charles H Kuck

  Immigration Attorney

  Answered on April 29, 2013

  Only individuals can be EB-5 Investors, because of the way our immigration system works.

• Ed Beshara

  Immigration Attorney

  Answered on April 29, 2013

  No. The EB5 Investor has to make a personal investment of personal funds into the New Commercial Enterprise in the U.S.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on April 29, 2013

  The short answer to your question is no. The investment must come from you personally.

• Karen Weinstock

  Immigration Attorney

  Answered on April 29, 2013

  This may not work but there may be another visa option available to you. You should contact a good immigration attorney to go through your options.

• Neville M Leslie

  Immigration Attorney

  Answered on April 29, 2013

  No, the funds must come from you.

• Mark Ivener

  Immigration Attorney

  Answered on April 29, 2013

  You need to invest personal funds. You can borrow the money from your company.

• Ali Farahmand

  Immigration Attorney

  Answered on April 29, 2013

  I am not sure what you mean, when you say, "Can my company make a qualified EB5 Investment," since EB5 investments are made on behalf of individuals who would like to obtain legal residence in the USA. Therefore, if you won the company that has accumulated the funds and you would like to participate in the EB5 Visa category in order to obtain your Green Card, then all you would have to do is register with a Regional Center and then wire the funds from your own account directly to the Regional Center''s escrow account and then document the Source of Funds by showing how and when your company accumulated the desired $500,000 during its line of business. Once the Source of Funds issues have been satisfied by proper documentation, then you would have problems with your EB5 Case.

• Jinhee Wilde

  Immigration Attorney

  Answered on April 29, 2013

  It depends on what kind of concrete business the new corporation will do. Matter of Ho, 22 I&N Dec. 206 (1998) stated that the sole owner who exercises sole control over a business cannot meet the at risk requirement by simply putting the funds into the company account, because the funds could be withdrawn at will. If, on the other hand, your new company has a board of directors or other officers to whom you must report or offer checks and balance, it may be feasible. Please consult an experienced EB-5 lawyer with your business plan and source of funds document in order to obtain more detailed advice.

• Lynne Feldman

  Immigration Attorney

  Answered on April 29, 2013

  You can, but it seems that an L-1A and multinational executive approach may be better and cheaper in this case. For EB-5 it must be the investor''s personal funds.

• Echo Meisheng King

  Immigration Attorney

  Answered on April 29, 2013

  The investment capital must be from your personal account.