Questions and Answers > EB-5 Investments

How can I apply for an EB-5 visa through my successful U.S. business?

I started a software business (U.S. C Corp) less than one year ago with no real money, all sweat equity. It is now valued at well over $8 million, has six full-time employees, and I am looking to hire eight additional full-time employees within the next six months. Can I apply for an EB-5 visa through this business, or do I need to put $1,050,000 hard cash in the business first?

Answers

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on August 29, 2022

  You need to make an investment into the business (though it can be sourced to the profits of the business itself).

• Lynne Feldman

  Immigration Attorney

  Answered on August 29, 2022

  We would need to analyze whether this scenario will work. Look at what monies you kept in the company over the years, and what money you have taken out and paid taxes on.

• Dennis Tristani

  Immigration Attorney

  Answered on August 29, 2022

  You will need to invest at least $800,000 into your business (if it is in a high unemployment or rural area) and create 10 new jobs. Sweat equity will not count as a capital contribution to a new commercial enterprise - you will have to make a new investment.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on August 29, 2022

  It is not clear if even putting $1,050m hard cash in would work. The investment is supposed to create the 10 jobs - you seem to already have created most of the jobs, without the investment. Safest to take out $800k and invest it in a good regional center project, or if you want to self-invest, start a new business using the profit from this one. These are your safest options.

• F Oliver Yang

  Immigration Attorney

  Answered on August 26, 2022

  You will have to put in hard cash and utilize it for job-creating activities. A minimal investment can potentially qualify for E-2, but for EB-5 there is a minimum investment requirement you will have to satisfy.

• Michael A Harris, Esq

  Immigration Attorney

  Answered on August 26, 2022

  You will need to make a capital contribution to the business, which is typically done with the investor''s personal cash. Capital may include other items such as assets, but your sweat equity likely does not qualify as capital.