My partner, who is a U.S. citizen, and I, who am under STEM OPT, are planning to establish our own IT company to develop Android apps. How do we structure the company so it qualifies for an EB-5 direct investment? What professionals do I need to hire to make sure the company complies with requirements of EB-5?
You will want to hire an experienced immigration and business law attorneys that are familiar with the nuances of the EB-5 program as well as an experienced EB-5 business plan writer.
First you should engage legal services of an experienced EB-5 immigration attorney. He or she should be able to guide you and recommend other professionals. Many direct EB-5 businesses are set up as LLCs and you must invest the requisite minimum amount from lawful source of funds and create at least 10 direct full-time jobs to qualify for EB-5 visa.
Start off with an experienced immigration lawyer who can quarterback the entire process and recommend a team that can advise you comprehensively.
You need legal advice from an immigration attorney concerning how best to structure your new company so that it is an effective vehicle for your direct EB-5 investment. You need a consultation appointment with an immigration attorney who practices in this area.
In order to structure your company to qualify for a direct EB-5 investment, you should hire an immigration attorney, preferably board-certified but with substantial experience in representing EB-5. Not only EB-5 investors but EB-5 Regional Centers projects as well in order to make sure that your company can comply with the requirements of the EB-5 Program.
You need to make sure that you meet the requirements for the EB-5 Immigrant Investor processing, which includes the minimum job creation requirement, minimum capital investment, whether the job-creating entity is located in a targeted employment area or not, lawful source of funds, etc.
Any structure can work usually a limited Partnership is used. You would need to invest $1 million and develop a business plan showing ten full-time jobs for PRs or citizens will be created within about 2-3 year period.
You can structure the company either as a Limited Liability Company, Corporation or Partnership/Joint Venture. The company must be able to show it will hire 10 full-time employees. You will need a robust and fully compliant Matter of Ho business plan that details the hiring of 10 employees.
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