Can an S corporation or its subsidiary serve as the new commercial enterprise (NCE) for an EB-5 investment if the EB-5 applicant, who is the sole member of the S corporation, is already present in the U.S. and meets the substantial presence test required for S corporation shareholders?
Answers
Lynne Feldman
EB-5 Immigration attorneysThat may work but for liability purposes most people set up a separate legal entity.
Linda Liang
EB-5 Immigration attorneysS-corporation is a term for tax purposes. It does not impact the EB5 application.
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