I would like to know what flexibility there is in terms of the company I can invest in for EB-5, as there are some great companies I know already who I would love to help on their way. We are British (family of 4) but we live in Brazil at the moment. We have the funds available to invest from a house sale several years ago. I''m interested to get an understanding of costs involved in leading this to completion.
Your investment in an existing company can be successful for EB-5. Your investment ($500,000 vs. $1 million depending on whether it is in a TEA or not) must be money to be used in the business and create ten new jobs within a few years. If you are interested in coming sooner to the U.S. (the EB-5 is not a fast process), you may want to consider doing an interim E-2.
I strongly advise against investing in an existing business because you must invest in a new commercial enterprise, and unless it is a troubled business with losses at 20%, you have to show at least 10 new jobs created through your investment. The regulation creates three possibilities for "establishing a new commercial enterprise:" 1. Create an original business; 2. Purchase an existing business and "simultaneous or subsequent restructuring or reorganization such that a commercial enterprise results; 3. Expand an existing business such that a 40% increase either in the net worth or the number of employees results.
If you purchase something existing, you still must create ten positions. Only if the business is troubled can you consider using employees already there. If you can add to a business with your investment and add ten positions, it may work.
The key difference is job creation, on top of the existing employment levels. If the business was created before 1992, rules get more complicated.
