I want to apply for an EB-5 visa. My daughter is 24 years old. How can I ask for her to be included on my EB-5 visa? Also, I am interested in investing by myself. Is it possible to invest as a construction or real estate company and rent some houses? How can I make this work for EB-5?
Unfortunately, your daughter exceeded the maximum age to be included on your petition. Your investment can be used to obtain an EB-5 visa provided that it meets the EB-5 regulatory requirements, such as, the investment threshold and job creation.
Since your daughter is already 24 years old, she cannot be included in your immigration petition as an accompanying family member. She must file an immigration petition on her own. If you have sufficient funds, you can gift the EB-5 funds to her and let her be the petitioner on her own. If you want to invest into a construction company, make sure that your investment will bring additional 10 full-time U.S. permanent jobs to the company. If the company has already had five employees, you need to create 10 more jobs, which will bring the total number of employees to 15, unless the company qualifies as a troubled business. You also need to make sure that this company is a new commercial enterprise, which is founded after November 29, 1990. The required investment amount is determined by the location of the job creation entity. If it is in a TEA, the minimum investment amount will be $500,000. Otherwise, the minimum investment amount will be 1 million. Direct EB-5 investments can be very complicated. Make sure you consult an experienced EB-5 attorney before you make the investment
Your daughter is too old to be included in your EB-5 petition. One of the requirements for the EB-5 visa program is to generate at least 10 full-time jobs. So, starting a construction company is generally okay, but a real estate company engaging in renting will be difficult.
Real estate residential and commercial construction and operations can be the basis for the required jobs being created. If you are the investor, you cannot petition for your child who is already 21 years of age.
Dependents can be your spouse and children under 21 years of age only. She would need her own process (her source of funds can be her own or a gift). Construction and real estate can work, but job creation will be an important consideration that we would need to work on with the assistance of EB-5 economists who we have strong relationships with.
Your daughter, being over 21, will not qualify under your EB-5. You may wish to make two $500,000 investments in a regional center, one for her and one for yourself. You can invest through direct investment in lieu of regional center, but unless in targeted employment area, the investment amount must be $1 million for each and hire 10 U.S. workers.
EB-5 investment must be for business that will create 10+ full-time, permanent jobs. Just buying houses and renting them may generate income for you, but will not create 10+ jobs. If you are establishing a construction company, on the other hand, and will employ 10+ construction workers, then it will be a different story. Your daughter who is 24 must have her own investment and file her own separate petition, as she is over 21 years old. Your petition will only include your spouse and any children under 21.
Almost any business can be utilized for the purposes of the EB-5 program, provided the requirements are met (job creation, investment amount, etc.). Unfortunately, your daughter would not be able to be attached to your petition, as she is too old. She would, however, be allowed to make her own individual investment.
It is doable for EB-5, but your daughter would need to do her own investment amount to get the green card through the EB-5 program, as she is too old to be a derivative.
