Questions and Answers > EB-5 Requirements

How can I apply for EB-5 if I do not currently own a business?

I was reading the Form I-526 and I noticed the fields where you have to describe your current business, such as company name, type of business, its total investment, how many jobs were created and etc. Is EB-5 only for applicants who already have some kind of business? If I only have the required amount of money and a good investment plan in the United States, am I able to apply for EB-5?

Answers

• Julia Roussinova

  Immigration Attorney

  Answered on January 5, 2015

  You must make an investment into a new commercial enterprise formed after November 29, 1990, such as a limited partnership, corporation, limited liability company, etc. formed for profit. Many legal entities, including regional centers, are looking to attract qualified EB-5 investors. You are not required to invest in a direct investment option and may choose to invest through a reputable regional center approved by USCIS. In the latter instance, you are not required to create at least 10 full-time permanent job,s but may have the option of indirect/induced job creation to receive the benefits of permanent residence in the United States.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on December 26, 2014

  An EB-5 investor must make an investment into a new commercial enterprise (NCE). For EB-5 purposes, this would be a U.S. entity, such as a limited partnership, corporation, limited liability company, etc. formed for the purposes of generating profit. To be considered new, the NCE should be formed after 11/29/1990.

• Salvatore Picataggio

  Immigration Attorney

  Answered on December 11, 2014

  There are many U.S. business entities looking for foreign investment. You are not required to "own" a U.S. business already.

• Ed Beshara

  Immigration Attorney

  Answered on December 8, 2014

  The EB-5 regional center business project which is managed by the principals of the new commercial enterprise/job creating entity in which you are not the owner or principal can be the EB-5 business you personally invest in and obtain your conditional permanent residency.

• Oliver Huiyue Qiu

  Immigration Attorney

  Answered on December 8, 2014

  You have money and a business plan, but why not step up to incorporate the business and get an office lease? How difficult is that? Not at all if you have a business plan. EB-5 investment has to be irrevocably committed into the new enterprise. Simply having the money parked in your personal bank account will not lead to an I-526 approval.

• Shahzad Q Qadri

  RC Creator

  Answered on December 8, 2014

  You need to invest in an existing business or be in the process of investing. The corporation needs to be in existence at time of the investment.

• Lynne Feldman

  Immigration Attorney

  Answered on December 8, 2014

  Absolutely. We would probably first set up an LLC or other legal entity which will be the petitioner for your business to obtain the green card.

• Ying Lu

  Immigration Attorney

  Answered on December 8, 2014

  Yes, you can. EB-5 is not only for an established business. Rather, it requires the investors to make investment into a "new commercial enterprise," which is a commercial enterprise founded after 11/29/1990, or an existing business founded before that date, but has been expanded or reorganized. With a solid business plan and staffing plan, you can operate your own project under the direct EB-5 mode. Of course, you also need to provide convincing documents to prove your legal source of funds used in EB-5. It will be a complicated process and I strongly suggest you contact an experienced EB-5 attorney for a case specific consultation.

• Daniel P Hanlon

  Immigration Attorney

  Answered on December 8, 2014

  The petition can be based on a planned investment, as long as it is certain and will create the required number of new jobs.

• Stephen Berman

  Immigration Attorney

  Answered on December 8, 2014

  The investment plan is the business.

• Ian E Scott

  Immigration Attorney

  Answered on December 8, 2014

  In addition to investing $500,000 or $1,000,000 and creating 10 full-time jobs, an EB-5 visa requires that you invest and take a role in a real and operating business. This could mean investing in an existing business, starting a business or investing in a regional center.

• John J Downey

  Immigration Attorney

  Answered on December 8, 2014

  You do not have to own a business.