Do investments made before my EB-5 application count? - EB5Investors.com

Do investments made before my EB-5 application count?

If I have spent the requisite amount (say, $500,000) in creating a new enterprise and creating 10 jobs, can I now apply for the EB-5 visa based on my past investment? Or do I need to make a fresh investment of $500k for my EB-5 application?

Answers

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Yes, they can count.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

If you can trace the source of funds, it can work. Former E-2 investors often use their E-2 investments and even former job creation for a later EB-5 file. The former investments and job creation have to also meet EB-5 requirements.

Irina A. Rostova

Irina A. Rostova

Immigration Attorneys
Answered on

Past investments count toward the EB-5 program. The source and path of the investments need to be documented.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

If the investment was made with the plan to create the jobs and you can show the investment did create the jobs, you may have a viable case. You do have to prove the source of funds and you do have to prove you created a new commercial enterprise, but if you can, you may have a viable case.

Darren Silver

Darren Silver

Immigration Attorneys
Answered on

Yes absolutely. There are some rules that discuss the timing of an investment, but generally, an investment that has occurred prior to the filing can certainly be included.

F Oliver Yang

F Oliver Yang

Immigration Attorneys
Answered on

Yes it does as long as you can prove the source of funds and job creation. Note that the jobs created in the past need to be maintained throughout your conditional residency period.

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