How can I apply for the EB-5 visa with a 2023 direct investment?

If you invested the requisite amount and create the necessary jobs then you can apply.

Very likely that will work if you can show the lawful source of funds and business plan for the creation of ten new jobs. Call to discuss if you want to explore further.

The answer would depend on whether the investment qualifies under the EB-5 program. Purchasing a share of a business from an existing shareholder, without more, does not qualify, since the payment goes to the former shareholder rather than to the new commercial enterprise.

If the company you acquired in 2023 has preexisting employees, those jobs cannot be counted toward the EB-5 job creation requirement unless the business qualifies as a "troubled business" (defined by USCIS as one with a 20% net loss over two years). For EB-5 purposes, you must create at least 10 new full-time jobs on top of any current employment levels. If the company will create these new jobs—possibly including roles that were previously laid off—it may meet the requirements for an EB-5 visa.

There is no “expiration” or a limitation on using past investments for EB5 as long as you can demonstrate the source/path of the funds to ensure you invested qualifying EB/5 capital. Schedule a consultation with an EB5 attorney for an analysis of the source/path of the funds and qualification of the NCE.