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How can my investment of capital into a company in the US be used for a direct EB-5 application?

I established small business here in USA and running it for over 5 years. At the time of establishment my investment was not that much. Now my company operation has expanded and my current income is almost the same amount as the EB-5 visa investment amount. In that case, could it be considered as a investment of capital as per relevant regulation?

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    For a direct EB-5 case, the investment must be the personal funds of the investor, which are then transferred so that these funds are spent to further the establishment or the ongoing operations of the company. The investor must pay applicable income taxes on any income derived from the company before these funds are reinvested in the company.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Retained earnings do not qualify as investment under current rules. But if you take out $500,000 and start a completely new business that hires 10 U.S. workers, you might be eligible for an EB-5 immigrant visa or green card. It does, however, have to be a new business and not the old one with a new name. They want to see how your investment creates the 10 jobs.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    The investment can be sourced to your company, but to qualify, it has to be your personal capital investment. So pay yourself a salary/dividends, declare it, and invest it back into your company.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If you pay taxes on the income and put back into the company, then yes.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    An EB-5 investment has to be made by personal funds. Were you paying yourself or taking distributions and now plan to RE-invest? That can work. Retained earnings, however, is not the same.