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Direct, Individual EB-5 Cases
Direct, Individual EB-5 Cases
[Q] Can an EB-5 project for direct, individual EB-5 cases be structured as a loan to a job-creating business?
No, because such jobs created by the loan receiving job-creating business would be considered "indirect" jobs, and only "direct" jobs count for direct, individual EB-5 case. We even observed some direct, individual EB-5 project which did not realize this get denied on I-526 petitions because they did not realize this point. If they read www.eb-5center.com site, they would have realized this.
[Q] I created a new business in 2000 and invested over $1 Million USD then and created 13 full-time jobs. Can I do an EB-5 case now based on that?
Yes, why not? But better consult with an experienced EB-5 practitioner to make sure you have all necessary evidences to meet the requirements.
[Q] Can I count furniture and equipments I will be contributing to the new commercial enterprise company in the investment amount?
Yes, but as a practical step, you should have them appraised and then given a value before contributing them for the use of the new commercial enterprise entity. Otherwise, USCIS examiner might not believe in the value assigned.
[Q] If I have to find a suitable business and invest BEFORE I apply for I-526, how can I enter the US to do this?
Well, legally speaking, B1 business visa allows you to enter the US and carry out these business and/or investment activities, including but not limited to, finding a suitable business, researching business, meeting and retaining attorneys and CPAs, etc. In short, the preliminary activities can be carried out in B1 business visa.
[Q] Is there a list of all TEA areas for the entire USA?
No, each state's applicable agency might have an updated list of TEA areas (divided into "rural" or "high unemployment areas"). Ascertaining TEA area in itself can be an arduous task sometimes.
[Q] Does my investment amount have to come from abroad?
No, the EB-5 law does not require that the money come from abroad into the U.S.
In short, if you have earned the money in the U.S. in lawful status, that should suffice.
[Q] Can I put my investment amount in an escrow and do a direct, individual EB-5 case?
From a legal point of view, we don't see why this cannot be done in a direct, individual EB-5 case, when this mechanism is allowed in a regional center based EB-5 case.
[Q] Can I invest in a "troubled business" and save all jobs which amounted to 8 jobs and get approved?
Probably not. USCIS would probably would require that the job numbers saved be at least 10.
[Q] Can I invest in a "troubled business" and save 10 jobs and get green card?
Not according to a recent USCIS response: they seem to imply that all jobs must be saved.
[Q] If I invest in an existing business and create 40% more jobs, does that suffice?
USCIS deems that the 40% increase in employees result in at least 10 jobs. Note investing into an existing business must result in 40% increase in capital increase or number of employees.
