How can my U.S. joint venture be an EB-5 investment? - EB5Investors.com

How can my U.S. joint venture be an EB-5 investment?

I have a business partner in China who wants to apply for the EB-5 visa. Can he invest in our joint venture, which is a company based in the U.S., as his EB-5 investment, or does he have to apply with a different investment altogether? He also wants me to manage the company since I am a U.S. citizen, but he will be the one benefiting from the investment to obtain U.S. residency.

Answers

Julia Roussinova

Julia Roussinova

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Yes, this can be done. A direct EB-5 enterprise needs to meet certain criteria to qualify for a lower investment amount. EB-5 investment needs to create at least 10 full-time positions (minimum 35/hours a week) for qualified workers lasting at least 2 years except for a troubled business where one may preserve existing positions. A direct EB-5 enterprise may be structured as a limited liability company and your Chinese business partner may be in a limited member/policy-formulation role to qualify for EB-5. You
should consult an experienced EB-5 immigration attorney for case-specific guidance and competent preparation of the EB-5 case.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

This should work, yes!

Yuliya Veremiyenko-Campos

Yuliya Veremiyenko-Campos

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Your business partner is permitted to make his EB-5 investment into the joint venture, assuming the requirements of the EB-5 program are met. He needs to meet the minimum investment amount requirement (US$800,000 or US$1,050,000, depending on whether the company primarily does business in a targeted employment area). He will be required to demonstrate the lawful source and pathway of funds invested, and the company will need to create 10+ full-time jobs. EB-5 investors must be engaged in the management of the company, either through the exercise of day-to-day managerial responsibility or through policy formulation. Finally, the company will need to provide evidence of the lawful source and pathway of the funds invested by non-EB-5 investors.

Yuliya Veremiyenko-Campos, Esq.
Managing Attorney

YVC Legal®
150 Riverside Parkway, Suite 115
Fredericksburg, VA 22406
www.yvclegal.com
yvc@yvclegal.com
+1 (571) 320-7079
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Osvaldo F Torres

Osvaldo F Torres

RC Creators
Answered on

Yes, he may. We will need to prove that his investment crested 10 new jobs and that his investment was sustained "at risk" for the required sustainment period, which in all realty is about 3 or more years. Since this will be a "direct" investment, there can be only one EB-5 investor, and the 10 jobs will need to be real new W-2 jobs. There are more details to consider which I am happy to discuss.

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Yes that can potentially work provided he is the only EB-5 investor in the private project.

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