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Questions and Answers > EB-5 Requirements

What are the business location requirements for EB-5?

If the NCE is an LLC formed in a certain state, can it invest in a JCE formed anywhere within the US? If the JCE is a Delaware-formed LLC while the project site is in, for example, Montana, is it compliant with EB-5 law and policy?

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Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The jobs have to be located within the rural or high unemployment area and they need to register in the other state for the ability of DE company to do business in foreign jurisdiction.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, if it is your business though, you may need to register in that state. If a Regional Center, then that is their obligation.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Unless you are trying to invest a lower threshold amount, there is no location requirement.

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    Dennis Tristani

    Immigration Attorney
    Answered on

    In the direct EB-5 context, the JCE must be a 100% wholly-owned subsidiary of the NCE for the jobs created by the JCE to be attributed to the EB-5 investment in the NCE. The funds in the NCE should flow to the JCE to be used in furtherance of the project and job creation.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    It can be. TEA qualification becomes an issue.