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How can multiple EB-5 investors invest in one business and get EB-5 visas?

I am an entrepreneur with a start-up business. If I am able to get a $34-million investment from 34 foreign investors ($1 million from each), can all of them get an EB-5 visa, assuming the business creates 340 full-time jobs? Also, is the scale of the proposed company too big as a direct EB-5 investment? Should I do this through a regional center?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    I am curious about the ability to create 340 direct jobs. Projects of this scale usually are part of a regional center. I would be interested in learning more, but generally each investor's $1-million investment that results in 10 jobs will result in permanent residency for the investor and their family.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Either a direct investment or regional center could work with the right team of professionals and management. Direct is usually more expensive and each EB-5 investor will look to qualify for creation of at least 10 full-time (at least 35 hours/week) positions. Whether or not your business model can create and sustain this number of jobs must be documented through a comprehensive EB-5-compliant five-year business plan that must be credible. Working with a reputable regional center will be less expensive and qualify for a lower EB-5 investment threshold, subject to authorization of the EB-5 regional center program on or before Sept. 30 hopefully.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, the foreign investors can receive green cards assuming each of them meets the EB-5 requirements. Advisably, consult an EB-5 attorney for further consideration and coordination of your business plan.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Yes, 34 people can each put in $1 million (or $500,000 in a high unemployment area or rural area) and each get an EB-5 immigrant visa. You would have to hire 340 new, full-time, permanent employees. If you are going to create that many jobs, you do not need a regional center. The regional center route is much, much more expensive to utilize. No company is too big; none is too small for an EB-5 case. One caution: Congress is considering raising the minimum amount of the present $500,000 investment to over $1 million! They may do that in the next few months.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    Yes, the creation of 340 full-time jobs would allow your direct EB-5 project to have 34 EB-5 investors.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    You could always pool investors, even in direct investment. Whether the project is too big or right for EB-5 depends on the business model and how you may be able to gather 34 investors who are willing to invest $1 million each. Also, because you must create at least 10-plus full-time, permanent jobs as a direct investment for EB-5, whether your business is such that it could create and sustain 340-plus jobs for several years is unknown. Please consult with experienced EB-5 corporate lawyers for more specific advice on your situation. A general question posted like this does not provide you with sufficient guidance for action.

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    Phuong Le

    Immigration Attorney
    Answered on

    The short answer is if you can create 340 jobs, that may be sufficient to support 34 investors. Both the direct and RC model can work here. It is just a matter of whether you have a business that can sustain 340 full-time jobs if you want to go the direct route.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    While technically you can pool 34 investors and qualify them all, it would be an error not to file through a regional center. There is a reason why about 95 percent of investors file through regional centers, and that is it is much easier than trying to qualify 10 full-time investors per $500,000 invested.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, that should work. It is up to you whether to do it as a direct investment or through a regional center. Either can work with the right management.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Yes, all of them could get a visa, assuming a proper nexus between investment and job creation. You may benefit from an RC model but it really depends on the business details.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes, if you have 34 investors each investing $1 million creating 340 jobs, they may all qualify. There is no scale too big for a direct EB-5 investment. The advantage of a regional center would primarily be, should you not be able to create a sufficient number of direct jobs, you can also use economic studies to show indirect or induced jobs through a regional center.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    As long as the business can show that it has the capability to create the minimum requisite job for each investor (i.e., at least 10 jobs for each, so 340 full-time jobs) and a solid business plan for how the business will operate, generate revenue, management structure, etc., direct investment should be no problem. No need to involve an regional center unless job creation is an issue.

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