Direct Individual (non-RC) EB-5 Cases

I am planning to setup a software development company in a TEA designated area for EB-5 visa processing. The company will generate 10 full time direct jobs with in 2 years. These employees will be residents ( citizen/green card). But some of them will work from home located elsewhere in the country and travel to office only once in a while. Is this counted towards the 10 full time emplees needed under law.

Thanks for clarifying

Srini

A friend of mine is looking into buying an existing business, which has 12 employees. Before he completes the transaction and takes over the business, can the existing business let go these employees and my friend re-hires them after the transaction is done so that that would be creating the required jobs? Is that feasible?

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?

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?

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?

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?

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?

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?

Question from another immigration attorney:

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.