Questions & Answers

How can I use my previous business to qualify for EB-5?

I invested $1 million three years ago to open a business. The business is going well. Can I apply for EB-5 now based the investment I made? I have the source of funds and investment details well documented. If not, how can I use this existing business to qualify for an EB-5 visa?

Answers

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on December 28, 2018

  It is feasible to use an existing business for an EB-5 investment petition, although it tends to be tough. This type of situation will result in what is known as a direct investment type of EB-5 investment, which requires that as the owner of the business, you have to manage the day-to-day operations of the business. However, in order to make a successful EB-5 investment, you have to reorganize the business in a way that it will meet all the EB-5 requirements such as, providing at least 10 jobs and documenting that the source of your funds is legal, just to name a few. Advisably, consult an EB-5 attorney in putting a Matter of Ho business plan together and organizing the business for EB-5 investment.

• Daniel A Zeft

  Immigration Attorney

  Answered on September 24, 2018

  Yes, you may be able to proceed with an EB-5 case based on the investment that you made three years ago. You need a consultation appointment with an immigration attorney.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on September 20, 2018

  If you invested personal funds there may be an option. The key is tracing that investment and showing how it has or will create 10 jobs. You may have a case here.

• Julia Roussinova

  Immigration Attorney

  Answered on September 19, 2018

  You may be well qualified to use this as a direct EB-5 investment if you meet all EB-5 requirements and if you did not work for this business or actively managed it without employment authorization.

• Belma Chinchoy

  Immigration Attorney

  Answered on September 17, 2018

  There is a good chance you can use this business/investment for EB-5. You need to consult with an attorney who can evaluate you and your business qualification for EB-5 based on additional information.

• Ying Lu

  Immigration Attorney

  Answered on September 17, 2018

  Yes, you can. As long as you have invested $1 million USD of traceable funds and have created, or are in the process of creating, 10-plus jobs.

• Lynne Feldman

  Immigration Attorney

  Answered on September 17, 2018

  That is definitely doable. Have you created 10 permanent jobs or can you show how the business will do this in the next few years?

• Jinhee Wilde

  Immigration Attorney

  Answered on September 17, 2018

  Depending on the structure of the company, you may be able to use that for EB-5 with an appropriate business plan. Consult with the EB-5 corporate attorney and the business plan writer.

• BoBi Ahn

  Immigration Attorney

  Answered on September 17, 2018

  Yes, you can use the investment you made in a business three years prior for the EB-5 processing as long as you are able to provide all the requirements to qualify for the EB-5 immigrant investor.

• Charles Foster

  Immigration Attorney

  Answered on September 17, 2018

  You may well be eligible to file an EB-5 petition based upon your initial $1 million investment, provided that you can show that you have or are in the process of hiring 10 U.S. workers and can prove a lawful source of funds for the $1 million.