Questions & Answers

How can I have two different kind of businesses under one master company for EB-5?

How can I have two different kinds of businesses under one master company setup for EB-5? For instance, how about one massage spa and one restaurant? Both the businesses will be 100 percent owned by one EB-5 owner. The required $500,000 will be distributed to these two businesses and the job-creation requirements would be met by combining jobs from these two businesses.

Answers

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on January 11, 2019

  Generally, you will create what is known as a holding company which operates like the parent company to the two different kinds of businesses. The holding company is the one that will be tasked to fulfill the EB-5 requirements, including but not limited to, creation of 10 minimum jobs and the investment of at least $500,000 or $1 million (depending on the location of the holding company). The amount invested in the holding company, distributed to operate the two businesses, must be at least $500,000. Advisably, consult an EB-5 attorney on the procedures and processes for creating an EB-5-compliant business.

• Daniel A Zeft

  Immigration Attorney

  Answered on July 2, 2018

  A new commercial enterprise includes a holding company and its wholly owned subsidiaries. You could invest the required capital in a holding company that has two wholly owned subsidiaries, one subsidiary for each business.

• Julia Roussinova

  Immigration Attorney

  Answered on June 26, 2018

  It is possible if a holding company owns two wholly-owned subsidiaries. Hire an experienced EB-5 immigration attorney to help you with the process.

• Salvatore Picataggio

  Immigration Attorney

  Answered on June 22, 2018

  A third company covering the two subcompanies may be the answer. A careful consideration of the structure and the business plan will be required.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on June 20, 2018

  Best to have them operate under one corporate entity.

• Blake Harrison

  Immigration Attorney

  Answered on June 19, 2018

  You could potentially set up a holding company with the EB-5 companies as wholly owned subsidiaries.

• Belma Chinchoy

  Immigration Attorney

  Answered on June 19, 2018

  Set up a holding entity, into which EB-5 funds will be invested and which will directly own the two operating entities.

• BoBi Ahn

  Immigration Attorney

  Answered on June 19, 2018

  For EB-5 purposes, you can create an entity which owns/operates the two businesses. The investment and job creation should be through that entity.

• Charles Foster

  Immigration Attorney

  Answered on June 19, 2018

  In theory, you would have one company with two separate divisions owning two different operations and still qualify. But on the other hand, in order to qualify for the minimum investment of $500,000, both entities should be located in a targeted employment area (TEA) in order to avoid any confusion. In terms of job creation, remember that based upon what you are saying, there would be one company and thus the employees would all be working for the same employer, albeit in more than one location, each located in different areas.