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What requirements should a business meet to qualify for EB-5?

I want to set up an Amazon fulfillment center. I plan to invest $500,000 in a commercial property located in a TEA, then use another $500,000 for staffing and other expenditures. If I want this business to support my EB-5 application, what other requirements should it fulfill?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You need to create 10 full-time jobs for U.S. workers directly or indirectly, if affiliated with a regional center.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It appears you do have the capital/investment funding resource which fits the creation of direct investment. However, you must fulfill other EB-5 requirements such as the need to create a Matter of Ho-compliant business plan that will detail how you intend to meet EB-5 requirements, such as how you intend to create at least 10 jobs within two years and detailing the source of your investment fund (particularly showing the fund is from legal source). Advisably, consult an EB-5 attorney for prompt attention to details of what you need.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    A solid business plan and lawful source of funds would be just a couple of additional elements you need to evidence, among others.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You will need to properly set up a business structure with a manager or other officer authorized to work in the U.S. to run the business, prepare an EB-5-compliant business plan with five-year financial projections and hiring timetable, obtain TEA certification, and provide evidence your EB-5 capital originates from lawful source of funds and is fully traceable. The business must create at least 10 full-time positions (35 hours/week). Please hire an experienced EB-5 immigration attorney who will assist you with all of the foregoing requirements.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    You need legal advice from an immigration attorney who is experienced with EB-5 matters.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    You need to be sure it will hire at lease 10 employees over the next few years. If you are sure it is a TEA, that should do it, as long as you can prove your funds were earned legally. You will need a comprehensive business plan done by a professional. This is very important. You should try to get your case filed before Nov. 21. On that date, the minimum investment goes up to $900,000 in TEAs, and the rules for what qualifies as a TEA get much tougher.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    I assume you would like to use this as your EB-5 direct project. Please bear in mind that since you are not authorized to work in the U.S. until you obtain your conditional green card, you will need to employ others to run the business. They need to be direct employees of your newly created enterprise. They can be U.S. citizens or permanent residents, but not a family member related to you, the investor. You could certainly have an equity state in the business but cannot be employed by it until you obtain work authorization. You also need an EB-5-compliant business plan. The EB-5 capital could be deployed in qualifying employee wages, equipment, etc. You should retain an immigration attorney to give you professional advice and walk you through the process, as there are quite a few boxes you need to check.

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