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Does Direct Individual EB-5 require 100% control and ownership by immigrant?
A potential immigrant investor has advised me that while he would be willing to invest in a Direct Individual EB-5, he was advised by an attorney that this would mean he could not have U.S. Partners...that he would have to have 100% of the control and management of the business.
That is not the sense I have gotten from your past advice.
Would you enlighten me a bit?
A relevant question, but the clear answer is "NO" in EB-5 context. In E-2 visa case, the investor would need at least 50% or more control of the E-2 enterprise. In EB-5 context, EB-5 investors do not need to have 100% control or even 50% or 40%, 20% control, as long as other requirements have been met. In short, an EB-5 investor may have 10% interest and control of the New Commercial Enterprise. For further certainty, an EB-5 investor can have U.S. partner(s) and be a minority shareholder in an EB-5 project. This is one definite advantage about doing EB-5 rather than pursuing E-2.
I guess the potential immigrant investor has not been receiving correct info.
That's a pretty good guess. However, he now has access to this site!
However, it seems an EB-5 investor cannot claim all of the jobs created by this enterprise as his/hers.
Am I correct?
An alien EB-5 investor can claim all of the jobs created by the enterprise in which he invested, even though other USC or LPR investors invested also. Theoretically, if an alien EB-5 investor invested $1 Million USD and one USC investor invested $1 BILLION USD, the alien EB-5 investor can be credited with all the jobs created.