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Direct Individual (non-RC) EB-5 Cases
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Suppose within a TEA there is no regional center, an investor invest $1,000,000 and set up a new business, can he file I-526
after investing that money?
Second question is: when he files I-829, can indirect and induced jobs be counted into the overall jobs created because of the initial $1 ml investment? Or only direct jobs can be counted towards the 10-job requirement?
Location of employees
I am looking to start a new US company in a rural area with the goal of creating 10 new jobs.
1. Do all the employees have to be physically working out of the company's office? If not, is there a % of remote v/s on-site employees?
2. Do I have to show proof of all 10 job creation as the time of filing my I-526? If not, when is this proof required to be presented?
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?
Question about the condition removal
Let's say a 4-people family get conditional green card, and the father is the investor. If the father failed to keep the green card during the first 2 years, whatever reason it is, but other members are good, can other members keep going and file I-829 to remove conditions? Or since the investor himself failed the whole family fail?
How could the job creation be counted in a joint venture?
If an investor put $1m into a joint venture with a corporation, let's say the corp invests $1m as well, and if eventually the joint venture hires 10 people, could all those 10 people be counted for this investor's eb-5?
Entered on a B2
I entered on a B2 (tourist visa), my visa will expire before a I-526 would be approved, could I stay here while my I-526 is pending?
Jobs in TEA area only?
Question from another immigration attorney:
Fees by Investment Vehicles
May a Direct EB-5 investment vehicle charge an administration/management fee? If so, must it be over and above the minimum $1 mill/$500k investment, or may it come out of the minimum? If the latter, what are the limits that USCIS would likely approve?
Thank you.
Direct EB-5
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?
Hiring new employees at golf course to fill out-sourced positions?
An interesting question raised by another immigration attorney:
"A golf course was out-sourcing the works needed to another company, but now an EB-5 investor wants to invest 1 Million USD and wants to hire new employees for the works that were formerly being done by out-sourced employees by another company. Does this qualify as new jobs?"
