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
Salvatore Picataggio
Immigration attorneysIf 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
Immigration attorneysPast investments count toward the EB-5 program. The source and path of the investments need to be documented.
Bernard P Wolfsdorf
Immigration attorneysIf 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
Immigration attorneysYes 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
Immigration attorneysYes 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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