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

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.

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.

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

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.

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.

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.

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.