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Direct, Individual EB-5 Cases
Direct, Individual EB-5 Cases
[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.
[Q] What issues do I need to examine when contemplating a troubled business EB-5 case?
Aside from making sure that the business really qualifies as a "troubled business" under the EB-5 regulations, we advise potential EB-5 investors to think twice before doing an EB-5 case through a "troubled business" because of the below "opinion" of USCIS on a job-saving issue involving a troubled business.
[Q] Does an alien EB-5 investor need to own 100% or a majority interest in the new business for direct EB-5 case?
No, any percentage ownership will do, as long as other requirements are met. This is one aspect in which EB-5 case is better than an E-2 case. This means an EB-5 investor in a direct EB-5 case may have U.S. partners.
[Q] Why is it important to do pre-investment review and analysis?
Unless you want to waste money and time by pursuing an investment which will not qualify for a direct EB-5 case, it is recommended that you obtain a thorough consultation from an experienced EB-5 attorney to do a pre-investment analysis. This will save you a lot of heartache, money and time.
[Q] Can a foreign EB-5 investor co-invest with a green card holder or a U.S. citizen and be credited for all jobs created?
[Q] A foreign EB-5 investor is in the process of investing $1 million into a new U.S. company, and he has a U.S. citizen partner who is also investing $1 million. If the company creates 10 new jobs, does that mean the foreign EB-5 investor will get credit for creating 5 of those jobs?
Yes, all jobs created by both the foreign EB-5 investor and the U.S. citizen can be allocated to the foreign EB-5 investor. In addition, the foreign EB-5 investor does not have to be a majority investor.
[Q] Bunch of related questions from a potential EB-5 investor for direct EB-5 case.
[Q] The questions are as follows:
1) if I invest $500k where unemployment is 12%, Is it consider part of "Targeted Employment area"?
2) if I invest in Trouble Business where they lost 20% revenue, I still have to create 10 full time job.?
3) If I buy Motel for example & run through the property management company & management company will create 10 jobs in my investment will be still qualify on EB-5 category?
4) I am *** citizen & having E2 in my business in **, interested buying business under same corporation for EB-5 & would like to invest required $500k would work?
5) What they mean by Expansion or Re-structuring the existing entity?
6) what is your opinion on investing in Regionl Centers ? Since the investment is at "Risk", I don't see return on investment.
I would appreciate your response.
Answers are as follows:
1) if I invest $500k where unemployment is 12%, Is it considered part of "Targeted Employment area"?
Answer: An area is a TEA only if an authorized state agency or governmental body -- whatever that may be for each state -- says the area is a TEA. To be considered a TEA, the area must be either "rural" or have a "high unemployment rate".
