EB-5 visa - investment firm in USA

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Oct 31st 2021, 7:39 pm

Stevy777

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EB-5 visa - investment firm in USA

I already like investing in US companies (both dept and equity investments).

Could I create a US investment company to invest in US companies and also get the EB-5?

any thoughts along these lines ?

Nov 1st 2021, 11:30 am

civilservant

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Re: EB-5 visa - investment firm in USA

The regulation states:

Quote:

All EB-5 investors must invest in a new commercial enterprise that was established:

After Nov. 29, 1990; or
On or before Nov. 29, 1990, that was:
- Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results; or
- Expanded through the investment, resulting in at least a 40% increase in the net worth or number of employees.

Commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business, including:

A sole proprietorship;
Partnership (whether limited or general);
Holding company;
Joint venture;
Corporation;
Business trust; or
Other entity, which may be publicly or privately owned.

This definition includes a commercial enterprise consisting of a holding company and its wholly owned subsidiaries, if each such subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business.

This implies to me that you could invest in a US based entity. This seems to be in the realm of 'retain experienced immigration council' though.

And get vaccinated, or this is all a moot point.

Last edited by civilservant; Nov 1st 2021 at 11:31 am. Reason: Moved quotes around a little

Nov 1st 2021, 1:07 pm

tht

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Re: EB-5 visa - investment firm in USA

Quote:

Originally Posted by Stevy777

I already like investing in US companies (both dept and equity investments).

Could I create a US investment company to invest in US companies and also get the EB-5?

any thoughts along these lines ?

do it fast… looks like it’s back to the old minimum investment of $500k-$1m for now… Alert: On June 22, 2021, the U.S. District Court for the Northern District of California, in Behring Regional Center LLC v. Wolf, 20-cv-09263-JSC, vacated the EB-5 Immigrant Investor Program Modernization Final Rule (PDF). While USCIS considers this decision, we will apply the EB-5 regulations that were in effect before the rule was finalized on Nov. 21, 2019, including:

No priority date retention based on an approved Form I-526;
The required standard minimum investment amount of $1 million and the minimum investment amount for investment in a Targeted Employment Area (TEA) of $500,000;
Permitting state designations of high unemployment TEAs; and
Prior USCIS procedures for the removal of conditions on permanent residence.

In other words, we are applying the regulations in effect before Nov. 21, 2019, on this website and in the USCIS Policy Manual, Volume 6, Part G, Investors. In addition, we again will accept the April 15, 2019, version of Form I-526, Immigrant Petition by Alien Entrepreneur, because the Nov. 21, 2019, version of the form reflects updates from the now-vacated rule.

https://www.uscis.gov/working-in-the...vestor-program