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How can I use an existing business to apply for EB-5?

I have an existing business in the U.S. with 6 employees. My initial investment was $300,000. If I want to use it for my EB-5 application, does the initial investment count towards the investment required by the program? Do I need to hire another 4 employees?

Answers

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Yes. You are allowed to expand your existing business to qualify for EB-5. Essentially, you need to invest another $200,000 for a total investment amount of $500,000 if your business is located in a targeted employment area (TEA), and $ 700,000 more for a total investment amount of $1 million if your business is not located in a TEA. You also must employ at least four more employees. Of course, these investment numbers are scheduled to go up by Nov. 21 of this year, so you will need to file before the deadline if you do not want to be subject to the increased investment amounts of $900,000 and $1.8 million respectively.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you can show this initial investment, plus the additional requisite amount was personally invested and was your own money, you may have a viable case. To qualify you will need to show 10 jobs are created within a reasonable time.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    If you started this business, then your initial investment of $300,000 could be applied toward an EB-5 case. To become a permanent resident based on this EB-5 project, you must invest more money in the business and your business must have at least 10 U.S. workers as W-2 employers.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The fact is that your idea is feasible. However, you need to work with an EB-5 attorney to organize this business so as to meet the EB-5 requirements. Finally, you cannot just count the current six employees or simply add four more employees to meet the required job-creation requirement.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You may count initial investment. You need to determine if the business qualifies for a lower $500,000 investment by principally doing business in a targeted employment area. You also need a comprehensive business plan with a hiring timetable evidencing your EB-5 investment will create the requisite 10 full-time positions. If you hire the remaining employees and provide evidence of that at the time of I-526 petition filing, you do not need to prove job creation. Your EB-5 capital must originate from a documented lawful source of funds.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    If a green card is important to you I recommend you consider the regional center program. You do not have the time and the risk is too great with the Nov. 21 deadline coming up.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Yes and yes.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, the initial investment can count. You need to determine if the business is in a TEA (targeted employment area) allowing the lesser investment of $500,000 vs. $1 million. Prior to Nov. 21, 2019, each state determines this. After that date USCIS will do this and the investment amounts will increase. The 10 jobs need not be in place prior to filing the I-526, but you must be able to show the source of funds and have money invested in the company along with a business plan showing the business will support 10 employees.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    The initial investment can count. If you hire additional four employees before filing the EB-5 petition, then you don't need a business plan. Otherwise, your petition would include a plan that addresses, among other things, the employment of additional qualifying employees.

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    Charles Foster

    Immigration Attorney
    Answered on

    Correct. You may use your initial investment and employees if in a TEA, provided you file before Nov. 21.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Generally an investment needs to create 10 new jobs with the $500,000 or $1 million investment. So if the old investment created four of them, you can "top off" the investment and the jobs when applying for EB-5. It's a nice path from an E-2 visa.

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