Bernard P Wolfsdorf
Immigration AttorneyYou, the foreign national, need to invest $1,050,000 (or $800,000 if in a rural or high unemployment area) and create 10 jobs unless the money is gifted to you in accordance with the law.
If I (not a US citizen) and my friend, who is a US citizen, form a partnership and create 10 jobs with a $1 million+ investment, how much do I personally need to contribute to qualify for an EB-5 visa? Can I contribute for 5% of the partnership, and reap the benefits of EB-5? Or do I need to invest the minimum amount irrelevant to the partnership?
You, the foreign national, need to invest $1,050,000 (or $800,000 if in a rural or high unemployment area) and create 10 jobs unless the money is gifted to you in accordance with the law.
As long as your partner is satisfied, it should be fine.
The foreign national must invest the minimum investment amount for an EB-5 investment for the specific new commercial enterprise.
You must meet ALL of the requirements of the EB-5 program, including the minimum investment amount, in order to reap its benefits.
You would need to personally invest either $800k or $1,050,000 depending on whether the enterprise is in a TEA or not. Percentage of ownership is less important.
You will need to personally invest the minimum amount of required capital (850k or 1.05m). You can reap the benefit of job creation if the total budget is well above what you contribute personally.
You must personally invest the required minimum investment amount, which currently is $800,000 for some investments and $1,050,000 for others. So the investment funds of your friend would not count for purposes of you qualifying for EB-5, unless those funds were actually gifted to you (or in some circumstances loaned to you), you became owner of those funds, and then you invested those funds personally and they were your contribution to the partnership.