Questions and Answers > EB-5 Investments

How can apply for an EB-5 visa without having to liquify my holdings?

I am currently on an H-1B visa and have a 10% stake in a startup. The startup is evaluated at around $100 million and creating around 25 US jobs. I want to apply for an EB-5 visa but do not want to liquify my holdings. I basically have those holdings because I am the CTO of the company. Can I apply for a direct EB-5 without doing that? Or do I need to liquify my stake and then invest somewhere else?

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on February 10, 2023

  Best to liquidate your investment, pay taxes and apply in a regional center project.

• Julia Roussinova

  Immigration Attorney

  Answered on February 1, 2023

  If you have invested funds from a lawful source of funds into the start-up and have a role in the management of the company or a policy formulation role, it may be possible assuming the investment is of the requisite amount and will be spent in connection with job creation of at least 10 full-time positions that are allocated to you as the EB-5 investor. Alternatively, if you receive distributions or dividends from the startup, pay tax on them, and reinvest them, the amount may be used as EB-5 capital. Another option is to obtain a bank loan secured by your ownership interest in the startup and use the loan proceeds as EB-5 capital.

• Benjamin Hu

  Immigration Attorney

  Answered on January 31, 2023

  Generally, EB-5 investors may use their assets to obtain a loan, secured against those assets. The loan monies may then be used for EB-5 investment capital. Thus, you do not necessarily have to liquidate your ownership stake in your company - you could take a bank loan secured against your ownership share and then put these funds into a qualifying project elsewhere. However, EB-5 would likely not allow you to use your preexisting interest in the startup to qualify as the investment, nor your startup to qualify as the EB-5 project. Each EB-5 petition generally contemplates a new investment, which creates 10 full time jobs thereafter. Some exceptions exist, but it would be best to consult with an immigration attorney.

• F Oliver Yang

  Immigration Attorney

  Answered on January 27, 2023

  Direct EB-5 requires that you invest the minimum amount ($800k or 1.05 million depending on the location), and that you have used the money to create 10 full-time jobs. Further, you will need to demonstrate the lawful source of your initial investment. If you cannot meet those requirements through your current startup, you will need to invest in a new project.

• Michael A Harris, Esq

  Immigration Attorney

  Answered on January 27, 2023

  You need to invest “capital” into a company that will be creating the required jobs. The contribution of capital is typically cash, not intangible assets. So, the question would be have you invested any hard assets into the company? Alternatively, can you receive a cash loan and invest that into your company?

• Lynne Feldman

  Immigration Attorney

  Answered on January 26, 2023

  Did you invest money in the startup? If yes, that investment can be counted or salary or dividends re-invested can be counted if you are using that business as your project and can show 10 new jobs will be created from your investment.

• Micol Mion Gordon

  Immigration Attorney

  Answered on January 26, 2023

  Generally, your investment amount must be liquid. If you have invested money in the start-up, you might be able to use the investment amount depending on the amount and the location of the start-up. It is also important to remember that apart from the monetary investment you will still need to demonstrate that you are a qualified investor. You may be able to use your holdings in the start-up to this end.

• Mitch Wexler

  Immigration Attorney

  Answered on January 26, 2023

  It needs to be a personal investment of the requisite amount. Perhaps you can get a loan against your equity in your start-up without liquidating your interest?