I established a business two years ago. The business has a current cash flow of $2.3 million with 18 employees at the moment. Can I use it to apply for an EB-5 visa? If so, how should I proceed? Do I need to restructure the business to make it EB-5 compliant?
If you did not invest the requisite amount, you may want to start a new business rather than merely restructure. Probably the best option would be to take out $900,000 profit and invest that in a regional center project.
You need to have invested the required minimum capital and created/maintained the requisite minimum number of full-time jobs by the invested amount, etc.
Yes, you can certainly use the business. However, from your facts, it appears that this is a successful business. Therefore, be prepared to put together a business plan that is Matter of HO-compliant and in the process address issues such as the appropriate investment amount, how to create at least 10 jobs for making the business EB-5 compliant, etc. Advisably, work with EB-5 attorney to put your plan in place.
Certain modifications to the business structure may be required; it depends on its current structure. Does your investment to date meet the EB-5 requirements? Can it be sourced? Assuming you meet the capital investment requirement and source of funds requirement, you should be able to file an I-526 fairly easily as a business plan will not be required.
Yes, you can use an existing business to apply for an EB-5 visa. Under new regulations, you must have invested at least $900,000 if you are in a high-unemployment area or a rural area, or $1,800,000 anywhere else. Have you invested that much of your own money? If not, perhaps you can pull money out of the company and turn around and reinvest it to meet these thresholds.
