How can I use a past investment to apply for an EB-5 visa?

You can probably use your prior investments to file for an EB-5 now.

There is no set time limit between making the investment to when you file for EB-5 processing. You would need to make sure you have evidence to support the EB-5 petition (job creation, lawful source of funds, requisite capital investment, etc.).

Assuming you can explain how you lawfully acquired the fund to invest $1 million in the first place, you may be able to apply for EB-5, depending on whether the project contemplated that it would use EB-5 funds or some other qualifying reason (such as bridge financing). Two years may be a bit too long, though. But again, this is very fact-dependent. However, you should seek a consultation for further discussion.

You may be able to proceed with an EB-5 case based on this past investment. How the business and your investment were structured will determine if you can proceed with an EB-5 case. If you can proceed with an EB-5 case, then the job-creation requirement will be satisfied. You need a consultation appointment with an immigration attorney so that these issues can be addressed.

It is possible that you have a direct EB-5 case. You will need to show you have invested in the new commercial enterprise, that your EB-5 investment originates from a lawful source of personal funds, is fully traceable from you to the new commercial enterprise, and that it created at least 10 full-time jobs. A comprehensive consultation with an EB-5 immigration attorney will be necessary to discuss specifics of your case.

In order to use the $1 million that one invested two years ago in a restaurant chain, one would have to establish that, as a result of such investment, the funds have created an additional 10-plus jobs for U.S. workers. By investing $1 million you are not located in a targeted employment area. You would have to show a lawful source of funds for the original $1 million investment. Alternatively, if you cashed out your existing investment and reinvested it in a new entity that would have three restaurant locations and create more than 30 new jobs for U.S. workers, you could equally on that basis. Based upon your original investment, again, you would have to show that 10 new jobs for U.S. workers were created subsequent to your investment.

Possibly. Details would need to be flushed out.

The investment can be justifiably used for EB-5. However, there are a number of issues that must be resolved, particularly in terms of documentation of the past investments. Also, you would need to address the question of how the investment was structured at the time specifically. Was it a loan or purposefully a business investment? There must be well-delineated accounting records of the investment to date that would warrant a re-classification two years after the investment was made.

There may be a case. You have to prove that you invested and how that investment created the jobs, and, of course, you have to show where the money came and that it came from your personal funds.

You should be able to use this investment, but it depends on the paper trail, terms etc. All jobs created after the investment count toward the required job creation. You need a lawyer experienced in direct EB-5 investments to reverse-engineer this business and investment into an EB-5 petition.

It may indeed be possible. I recommend you immediately consult with a qualified investment immigration attorney. The sooner you take action, the better your chances of laying the required documentary foundation.

If after this past $1-million investment, there has been 10 jobs created or there will be 10 jobs created, you can utilize this opportunity to apply for investment visa.

Yes, but you will have to show where you got that million dollars as well.