How can I help my daughter temporarily in the United States apply for an EB-5 visa?

In order for your daughter to apply for the EB-5 green card, she must personally invest her own qualifying capital into a new commercial enterprise that will create 10 full-time jobs for U.S. workers within two years. If the company was formed after 11/29/1990, then it is by definition a "new" commercial enterprise. Her investment should precede the creation of jobs, so if there are employees there already, 10 NEW jobs must be created. I do not think you can or should dissolve your company and then re-establish it. This could cause confusion and problems later. You should consult with an experienced EB-5 immigration attorney who can advise you on specific details and requirements.

It is necessary to know more facts. If you intend a passive investment only without creating the required minimum 10 full-time permanent jobs (at least 35 hours a week), a direct investment model will not qualify for EB-5. Funds must be traced from your daughter''s personal account to an investment enterprise if she is an intended EB-5 investor. Funds may be gifted to your daughter. Other considerations that are important include what temporary immigration status your daughter holds in the United States. Given the current processing times for I-526 of approximately one year, it will be necessary to determine the strategy for your daughter''s underlying immigration status, because I-526 filing does not grant or extend lawful immigration status in the United States. It is recommended that you contact an experienced EB-5 immigration attorney to discuss the specifics of your case.

More information is needed in order to answer your question, such as when the U.S. company was founded, the existing staffing size, your daughter''s age etc. In light of the complexity of the questions, I suggest you contact an EB-5 attorney to give you a case specific consultation.

Someone intending to obtain an EB-5 visa must make an investment of personal funds. Gifts can be made to family members, and an attorney would assist you in arranging these transfers and the sources of funds properly.

Passive investment that does not create 10-plus permanent full-time jobs will not qualify that investment as an EB-5 vehicle. I am not certain what kind of commercial real estate investment you intended, but you should consult with an experienced EB-5 attorney to make sure that the invested business will create the necessary jobs.

With the assistance of an experienced EB-5 immigration attorney, you will be able to prepare the required and approvable EB-5 documentation. Your daughter''s investment may be in either a direct EB-5 or regional center EB-5 project.

Either scenario can work. The key will be the ability to create 10 new jobs from the investment.

First it is important to consider what visa your daughter is on. Filing an EB-5 petition does not allow your daughter to stay in the country. She will need some other visa. It is currently taking 13.5 months to adjudicate the petition. She will then need to file an adjustment of status application if she is still in the United States. In other words, the visa that your daughter is here on will have to be valid for at least another 13.5 months. In regard to your investment, we would need more information, but it may be best to set up a new entity that would receive the million dollar investment.

First you are going to have to gift your daughter the funds. Then she will need to make the investment. As you have implied, whether you and she choose to invest in a "new" company that was established after Nov. 1990 is one of the concerns. But what will be critical is whether the company she invests in will be able to create the requisite number of jobs. You might also consider having her invest $500,000 into an established and reputable project that is affiliated with an EB-5 regional center.