Direct EB-5


By dniknejad - Posted on 15 August 2009

Can several Direct EB-5 Investors structure their investments through a Limited Partnership meeting the Uniform Limited Partnership Act which invests in "new enterprises", and thus have the more passive investment type? If so, can the LP hold interests in the form of limited partnership interests, equity and/or debt in those enterprises?

The answer is "yes" to the first portion of the question, but as to the second part of the question, all jobs must be created directly in non-RC EB-5 cases and therefore, suitable investment structure (for the purpose of creating jobs directly) must follow.

But here is the reality when it comes to EB-5 cases: the case flows towards a direction of whatever CSC examiners will allow and not necessarily what is logical under the legal analysis. This is because the EB-5 law itself contains inherent conflicts; and I am not going to go further than this in this forum. Basically, what you and I think does not at all seem to influence CSC examiners too much. :)