How can an EB-5 business have employees at multiple locations? 

The jobs and employment must be created and maintained in the U.S. for EB-5 purposes.

Only persons working in the U.S. are U.S. workers. If they are working for a single entity that you own 100 percent, it may be acceptable for them to work at remote locations unless you trying to qualify then as being in a targeted or rural area.

A new commercial enterprise must create at least 10 full-time jobs in the U.S. The L-1A visa option may be an alternative route for you. Consult an experienced immigration attorney to discuss all immigration options.

The EB-5 investor must make an EB-5 investment in a new commercial enterprise which is located in the United States. The EB-5 investment must create new jobs for U.S. workers in the United States.

The 10 employees must be working full time in the U.S. at the project, depending on how that is defined geographically, but not out of the U.S.

This idea is not unusual, as businesses regularly transfer U.S.-based employees to their overseas operations for jobs on regular basis. However, with regards to the EB-5, make sure your business operations are well planned.

It is possible for an EB-5 business to have employees in multiple locations, but it can be very tricky and you should consult with your experienced immigrant attorney, hopefully board certified under the laws of his state and with substantial experience in representing EB-5 investors as well as EB-5 projects. This is particularly tricky where you are trying to allow your investors to qualify based upon the fact that your enterprise is located in a targeted employment area (TEA), whereby your investors only have to invest $500,000 rather than the minimum $1 million investment. With respect to the 10 employees that will be created, they would all have to be employees of the very same legal entity and all would have to be working in a TEA. In terms of your U.S. employees working abroad that you would re-employ in the U.S., that might be possible remembering that the jobs must be created over a two-year period. In short, based upon the facts presented, you are highly likely to receive a request for evidence (RFE) and the investors&#39 ability to obtain both conditional permanent residency and the ability to remove conditions could be put at risk.

The EB-5 program&#39s intent was to encourage economic development and job creation within certain geographic areas where the project is located. It may be possible to consider these types of employees "indirect," which requires the sponsorship of a regional center. U.S. citizens working abroad would almost definitely not count toward EB-5 at all. Working with an EB-5 attorney and qualified economist will be necessary for a project like this.

All employees must be in the U.S. Different sites may be OK but it depends on the overall structure of the business and whether you wish to invest a reduced amount.