If I invest in an existing business established in 2015 with a net worth of $20 million but with only 5 employees, what would meet the minimum job creation requirement? This is a tech business based inside a TEA with some of the back-end development work outsourced abroad.
You would still need to add 10 jobs as a result of the investment, beyond what is already there. You may also need to make some substantial changes to the business, not just join up and take over operations.
You can indeed invest in this company and apply for an EB-5 green card. You will have to invest $900,000 if it is located in a TEA. You will have to hire 10 more full-time employees over the next few years.
You need to expand the number of employees and also show what the next stage of your process is. You can outsource some of the work overseas but you would still need new jobs in the U.S. unless you have had some losses due to covid.
You need to show either $900,000 or $1.8 million was invested by you prior to filing your I-526 petition. In addition, you will need a business plan to show that your investment will likely result in job creation of an additional 10 full-time jobs for U.S. workers.
You need to check when this business was founded. Was it founded before or after Nov. 29,1990? If it was founded after Nov. 29, 1990, it will be deemed as a new commercial enterprise. You will need to create 10 more qualified full-time jobs with your investment in addition to the existing 5 employees. If the business was founded before Nov. 29, 1990, it will be a little complicated. You can purchase an existing business and restructure, or reorganize the business into a new commercial enterprise, or expand an existing business such that a 40% increase either in the net worth or the number of employees results. Make sure to consult an experienced EB-5 attorney before you proceed due to the complexity.
Ten new full-time jobs but that is not needed until it is time to file the I-829.
Unless a troubled business, you have to create a new business and add 10 jobs. The regulations provide for EB-5 classification for non-citizens to invest the requisite amount of capital in a "new commercial enterprise" that will create full-time employment for 10 U.S. workers. It is always best to increase the number of employees by at least 10 and also to restructure such that it is a new business and not the same.
