How can I qualify for EB-5 using the business I already own?

You can use the money you earn from your own business in your home country to make an investment into the United States. The new business in the United States can be the same type as the one in your home country or you can choose to invest into a totally different business type. The EB-5 visa means that the U.S. government wants you to create at least 10 jobs for American people.

Please remember that the funds MUST be invested in a commercial enterprise that is located in the United States.

You may need to make an additional investment, but by working with an EB-5 immigration attorney you can develop an approved EB-5 project structure.

As you said, the business must be in the United States. If you want to open a subsidiary of your company in the United States, that would be OK. You might want to joint venture your company with an existing U.S. company, thereby creating a new entity and a job creating entity.

Investment must be in the United States and create at least 10 full time (at least 35 hours/week) jobs to qualify for the direct EB-5 program. You cannot qualify a business in your home country for the EB-5 program. You may consider an investment through a USCIS approved regional center project in the United States to qualify for the EB-5 program which will allow for indirect/induced job creation and a reduced investment of $500,000 under current law. Then, you do not need to establish a qualifying commercial enterprise in the United States.

The business that you have in your home country could be used, in that you would create a new business here in the United States.

If your business was established after Nov. 29, 1990, then it is a considered a new commercial enterprise. Any lawfully obtained capital you invested (not retained earnings) into your business could be considered qualifying EB-5 investment capital.

Generally you must create a "new commercial enterprise;" however an existing business may qualify if relevant factors are present. I recommend you consult with an investment immigration attorney to clarify these questions.

For an EB-5 petition, you have to invest in a U.S. business. You can not use your business in your home country. But it could be the funds source ($1 million or $500,000) of the investment in the United States. You can set up a new company and begin your own business as long as you can create at least 10 full time jobs. Or you may invest in a regional center project where the business already exists.

You would best be advised to start a new company because the rules regarding existing businesses are unduly onerous. It's cleaner with a new commercial enterprise to show how the new investment created new jobs.

You could set up your own business in the United States and use that for the EB-5, or alternatively you should explore if the L-1A and EB-1 multinational manager/executive is a better option for you.