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Questions and Answers > EB-5 Investments

How can I invest in a residential real estate project?

I want my EB-5 investment to be $1 million towards an upcoming residential real estate project in Miami. I am planning on buying an apartment in this upcoming project at above $1 million. The duration of construction is two years. It''s a 50 story building. How can I make this work for EB-5?

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Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    The purchase of real estate on its own is not an acceptable investment under the EB-5 regulations. To qualify for the EB-5 visa, the investment must be coupled with the creation of 10 jobs. A two year construction timeline would likely mean this is a large real estate construction project, which may create the requisite jobs. If your investment is direct, then those jobs must be full time and direct. If it is a regional center project the job creation may be a hybrid of direct, indirect and induced jobs. If you are investing as a direct investor in this project and you are taking an equity position, then you may qualify if the project meets the USCIS regulations. You will not qualify if your investment is the purchase of the apartment.

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    Robert Abedi

    Immigration Attorney
    Answered on

    This is incredibly difficult and will not meet the requirements. Please be very, very cautious! Consider other options that are lower risk.

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    Marc Yelnick

    Immigration Attorney
    Answered on

    While the government does not overly care about the nature of the business, the mere purchase of an apartment is a problem, regardless of the cost of it. The main impediment is your hiring of at least 10 employees.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    This idea may work for EB-5, even though from all indications it appears to be a direct investment. However, you need to prepare an EB-5 application package that shows that your investment meets the EB-5 requirements: 1) the $1 million investment is in a city (obviously in this case, Miami); 2) the source of your $1 million investment fund is from lawful source(s), and 3) the investment will create a minimum of 10 jobs for citizens and permanent residents. The jobs must be created within two years upon entry into the United States with your temporary green card. Advisably, consult an EB-5 attorney prior to advancing the investment fund to make sure you are in compliance with EB-5 visa rules so that this idea can be successfully accomplished.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It will depend on a variety of factors that would require many additional details. A formal consultation with an experienced EB-5 attorney (like those at our law firm) would be of great benefit to you. Something like this would be challenging to handle without an experienced professional.

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    Rohit Kapuria

    Immigration Attorney
    Answered on

    A real estate purchase would not qualify for an EB-5 visa. While there are a few countries offering residency in exchange for similar purchases, the EB-5 program is quite different. Your investment must create jobs. If the building developer is seeking EB-5 funds for the development of the project, and there are sufficient jobs for each investor, an investment in the development itself may qualify.

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    Ed Beshara

    Immigration Attorney
    Answered on

    You definitely need to retain the services of an experienced EB-5 attorney. The set of facts you state will not be EB-5 compliant, as your investment will not be at risk. Your investment is in a fixed asset with a definite value; therefore, your investment in the U.S. business is not at risk.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Buying an apartment will not qualify for EB-5.

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    Kyle Barella

    Immigration Attorney
    Answered on

    Your investment must be in a commercial enterprise. You cannot simply purchase a home for you and your family and qualify for an EB-5 visa. I suggest you speak with an attorney who can point you in the right direction for an EB-5 investment.