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How can my company participate in the EB-5 program?

My company is a beverage start-up that will manufacture and distribute products, and hire over 10 full-time employees. How can we be involved in the EB-5 program? If we want to attract EB-5 investors, what are the necessary steps?

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The difficult part is to prove that the contribution of the investor will directly create 10 full time qualifying jobs. In this regard, you need to work with an economist and it would be advisable to have a securities lawyer help you draft the private placement memorandum.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Generally, you need to locate the investors yourself or hire an agent to help you. You must create 10 new jobs per each investor.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    In circumstances as this, it is highly advised you should consult an EB-5 attorney for discussion of your options. First, you need to address a lot of issues such as, determining the nature of entity you need to form, how each of the EB-5 investments will create at least 10 jobs, whether the area where your business is located qualifies for either lower amount of $900,000 (TEA zone) or urban area which is $1.8 million, just to a few of those issues. In essence, a business plan that meets the Matter of Ho standard is needed.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Finding your investors is the potentially tough part. Everything else can be easily handled by an attorney. Mine your network and once you have a few interested foreign nationals, retain an immigration attorney, and conduct careful due diligence on all promises by others to easily find your investors.

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    Clem Turner

    Securities Attorney
    Answered on

    Your first step is to confirm that you are in a targeted employment area. This will mean the minimum investment an EB-5 Investor will need to make is $900,000 instead of $1.8 million. You will then need to retain counsel to draft an offering package, which includes the documents describing the offering and allowing for the investment in your company. There is a lot involved in this process, and you should reach out to an EB-5 corporate attorney for additional information.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    First, contact an EB-5 attorney. The EB-5 attorney will work with your business model to get it ready to comply with the USCIS EB-5 requirements. They will also assemble the team of professionals, including corporate counsels, business plan writers and marketing teams, to help you create a project that will also be attractive to investors, and even find those investors.

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    Phuong Le

    Immigration Attorney
    Answered on

    You can structure a direct EB-5 or regional center offering. At the minimum, you will need an EB-5 business plan, subscription agreement, and form your NCE/JCE to get the ball rolling.