My company in South Korea has a good relationship with an established developer in the U.S. I would like to personally invest in one of their ongoing projects and use this for my EB-5 application. I understand that most real estate-related EB-5 investments are done through a regional center. I am wondering if I can achieve the same goal without using a regional center.
Answers
Fredrick W Voigtmann
Immigration attorneysYou can invest in such a real estate development project and not need to use a regional center only if the EB-5 new commercial enterprise ("NCE") or the "project" will directly create at least 10 full-time positions for qualified U.S. workers; the jobs must be permanent W-2 employees and should last at least two years. Construction jobs do not count. Only regional centers can take credit for indirect job creation, like construction jobs and expenditures.
Salvatore Picataggio
Immigration attorneysYou probably can, provided that you can calculate 10 full-time jobs for the development. Most construction jobs will not count, so you would need to look into operations.
Bernard P Wolfsdorf
Immigration attorneysYou have to prove 10 full-time jobs and that is much more challenging but if, as a result of your investment, 10 jobs are created, then it might be possible.
Lynne Feldman
Immigration attorneysYes, this should be able to work but will need a business plan and the investment plus the creation of 10 new full-time jobs. The investment limits will increase after November 21, 2019.
A Olusanjo Omoniyi
Immigration attorneysIt is very rarely done but it is possible as a direct investment. You must provide all necessary documentation and ensure that the project is properly managed. At the same time, you must meet all the necessary EB-5 requirements, which includes the creation of at least 10 jobs, etc. Before you proceed, consult with an EB-5 attorney for proper planning.
BoBi Ahn
Immigration attorneysYou are not required to work with a regional center in order to qualify for EB-5 processing involving real estate development. The only reason to use a regional center managed project for EB5 would be if you would have difficulty in creating requisite minimum jobs.
Phuong Le
Immigration attorneysIt is fine to do so, but unless the real estate developer can create 10 full-time jobs through an affiliate or subsidiary, it would be hard to hit your employment numbers.
Charles Foster
Immigration attorneysYou do not need to invest through a regional center, provided that your direct investment will create at least 10 full-time jobs for U.S workers.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.