I want to invest in a truck stop business with gas stations, restaurants and other facilities. There will be two major locations for this business in two different TEAs. The business of these two locations will collectively create 10 new jobs. How should I structure this business to make it qualify for EB-5?
Based on the facts, you can establish a holding company which 100% owns two subsidiary companies. Your investment in the holding company can be distributed to the two subsidiaries and the required jobs can be distributed amongst the two companies.
Very difficult. You can have a single holding company that directly employs both, but still no assurance if the TEA is in different areas.
First, you work with an experienced EB-5 attorney who can help you with all this. There are ways to set up a multiple-location structure.
There is nothing complicated about your project. Make sure that the operations in both locations are owned by the same entity that will be responsible to create the jobs and you should be fine. You have already stated that both locations will be classified as TEA. That is something you need to be careful about. After Nov. 21, the locations will be reclassified. Most locations that are deemed TEA today will no longer qualify. I assume that you have done your homework in that regard. At any rate, the direct investment method for EB-5 can get tricky with all the steps you need to take. You should hire an experienced immigration attorney who could guide you through the process.
You should consider setting up a parent company under which the two businesses will be operating. The parent company will then be the one filing EB-5 petition. Under this arrangement, you may be able to fulfill the EB-5 requirements rather than operating two separate companies, with neither of them being able to fulfill EB-5 requirements. Advisably, consult an EB-5 attorney with a corporate practice for proper planning, then your idea is feasible.
First, both locations must be owned by the same legal entity and both in a TEA.
Structurally, you can form an entity (a new commercial enterprise, or NCE) where the money is invested that owns/operates the multiple gas stations/restaurants/etc. This is the job-creating entity (JCE).
You need to work hard on your business plan. Have the two locations and businesses under one entity.
This is an excellent question and it can be done with the help of a qualified EB-5 investment immigration attorney. I recommend you have a consultation before you take any action.
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