Can you make 10 investment of $100,000 to qualify for the $1 million investment overall? In other words, can you build a portfolio of qualifying investments in order to mitigate the risk of any one of these investments failing financially?
The investment must be in a new commercial enterprise defined by USCIS as a commercial enterprise. A holding company falls within the definition of a commercial enterprise which may benefit your investment idea. There are various ways to structure your investment.
This is a interesting question and your methodology may work. What will be problematic is the timing of the investments and job creation, as they have to be simultaneous so that you can in fact prove the job count.
This is an interesting question. If all of the investments are under a single holding company (the new commercial enterprise), and if all the other requirements, including job creation are met, then the answer is yes. Of course, if some of the other investments fail, you may have a difficult time showing the job creation, but not necessarily; it depends upon the business plan(s) and how well the other investments perform. In any event, you should have an experienced EB-5 immigration attorney, such as myself, to represent you and advise you on these matters.
The entire amount must be invested into one new commercial enterprise to qualify for EB-5 purposes. 10 full-time permanent jobs must be created and maintained through this investment. You cannot split investments.
Yes, you absolutely can, through the creation of an investment holding company. I suggest that we speak at your convenience.
Retaining experienced EB5 counsel will help you develop an approval EB5 immigration plan. An investor has to be invested or in the process of investing to qualify. Different EB5 projects have different structures for receiving investment funds. Attorneys like ourselves can assist and represent you in these matters.
The holding company concept was blessed by USCIS quite some time ago, wherein 10 or 20 investors pool their capital in a holding company, which then invests in several projects. But that won''t work in the situation you describe.
The entire amount must be invested into one business.
You would have to put the $1m into one business because you would have to create the 10 full time jobs in the same business.
There is probably a way to structure the investment(s), such that the risk is dispersed, as described in your question.
The investment of $500,000.00 (in a Regional Center or individual investment in a targeted employment area) or $1 million must be made in one business enterprise. You cannot split them.
