How can I use a previous investment to apply for EB-5?

Yes, you can use investment that was previously made; however, you will still have to show the requisite minimum job creation by your investment, lawful source of funds, etc.

It is certainly possible. You need to consult an experienced EB-5 immigration attorney to guide you and competently prepare your case. A comprehensive EB-5 business plan will also be required.

Depending on the nature of your investment, the retroactive nature of your investment may be a problem and it may not be allowed. Advisably, consult an EB-5 attorney for further discussion of details of your plan, as well as other related issues and facts for further evaluation.

Yes, you could proceed with an EB-5 case based on an investment that was made several years ago.

You are going to have to retroactively make a business into an EB-5 project, complying with all of the rules and regulations for EB-5 projects. I would need to review it to see if it really does meet all the requirements, that the source of funds was acceptable, etc. Not saying it is not impossible, but it may be quite a challenge.

You may be able to use an existing investment for EB-5 purposes provided that it otherwise qualifies. It must have been an investment in a new enterprise and if it was less than $1 million, the enterprise must be located in a targeted employment area (TEA) and you must have or be in the process of creating 10 full-time jobs for U.S. workers to which you are issuing W-2 forms.

If the previous investment has been returned to you or is no longer valid, then you would have to reinvest in the project. If you are wanting to use an existing investment in a project to now qualify for an EB-5, you would have to show that the investment is at-risk and continues to be at-risk. The problem with an existing investment is that you may have trouble showing it is at-risk if it has actually been a viable investment for some period of time and if the investment is being used now for the business in which you want to base your EB-5 petition.

In almost every case I see, the investment was not structured correctly and cannot be used. However, it may be possible to liquidate the investment and re-invest in a new start-up that does create the 10 jobs. It is a jobs program.

Good chance it will work.

Utilizing investment that has not been cleared on SOF for EB-5 purposes could be problematic. While you may think that investment meets all the requirements of EB-5, from my years of experience, often it is not the case. Please consult an experienced EB-5 attorney to trace how the initial investment was gathered and moved. You may have to go back years before that original investment was procured and tracked dollar for dollar.

Yes, you can. We will be glad to show you how to do this.