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We currently have an investor who would like to invest in…

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We currently have an investor...
We currently have an investor who would like to invest in our company, though as well to obtain the EB-5 Investor visa. Could you please advise on what documents will be required of the principal applicant, as well as of the derivative applicants, and how they should proceed in filing such documents?
Submitted: 7 months ago.Category: Immigration Law
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Customer reply replied 7 months ago
Also, is it better to begin the application process within the U.S. or outside the U.S.?
Answered in 1 hour by:
9/25/2017
Immigration Lawyer: Edward Young,
 replied 7 months ago
Edward Young
Category: Immigration Law
Satisfied Customers: 394
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.​

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Immigration Lawyer: Edward Young,
 replied 7 months ago

The EB-5 investor visa is for the purpose of investing in a new business in the U.S. or to preserve a troubled business, thereby preserving jobs. Which one of these goals does the investor want to attain? Also, is the investor currently in the U.S.?

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Immigration Lawyer: Edward Young,
 replied 7 months ago

I have to step away for awhile. I will be back.

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Customer reply replied 7 months ago
The investor wants to invest into a new company. However, they are not in the country, but will be traveling to the U.S. to meet the company's president in person. When he comes to the U.S. what documents will he need to bring with him in order to begin the process?
Customer reply replied 7 months ago
That appears to be one long step.
Customer reply replied 7 months ago
Please Opt Out.
Immigration Lawyer: Laura Schonberg, Immigration Lawyer replied 7 months ago
Laura Schonberg
Laura Schonberg, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 14
Experience: Partner at Schonberg & Timerman, P.L.
Verified

Hi, I'm an immigration attorney based in FL, I will help you with your question

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Immigration Lawyer: Laura Schonberg, Immigration Lawyer replied 7 months ago

First, have you consulted with an attorney to make sure that this person AND the business qualify for EB5?

Purchase of an existing business (established before November 1990) can qualify as an EB-5 investment assuming other conditions are met. The investment will have to result in creation of ten (10) permanent positions (i.e., existing positions will not count toward meeting the job creation requirement). In addition, the EB-5 investment into an existing business will need to result in either (1) restructure or reorganization of the business, or (2) expansion of the business such that a 40 percent increase in the business'' net assets or employees results.

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Immigration Lawyer: Laura Schonberg, Immigration Lawyer replied 7 months ago

Depends on the location of the business, the investor may have to invest $1million dollars instead of $500,000 of his/her personal funds. Also, the person must be able to show the source of the funds, meaning tax returns showing the money was earned, or inherited, etc...and its legal transfer to the U.S.

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Immigration Lawyer: Laura Schonberg, Immigration Lawyer replied 7 months ago

You can check for instructions and specific documents in the USCIS website under the form I-526, which is the first form that will have to be filed with USCIS...http://www.uscis.gov/files/form/i-526instr.pdf

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Immigration Lawyer: Laura Schonberg, Immigration Lawyer replied 7 months ago

Please, note that I'm answering in general terms, and no attorney-client relationship exists. If you would like to discuss over the phone in more detail, please accept Premium Service. If you are satisfied with the response, please rate my service accordingly. Thank you,

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Customer reply replied 7 months ago
What if the company was not established before Nov. 1990? Also, the business multiple locations, ie. Louisiana, Florida, Delaware and Nevada. Also, what is required for a business to qualify for the EB5, other than previously stated?
Immigration Lawyer: Laura Schonberg, Immigration Lawyer replied 7 months ago

if you invest in a pre-existing enterprise that was created after 1990, it will still be considered a "new" commercial enterprise.

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Immigration Lawyer: Laura Schonberg, Immigration Lawyer replied 7 months ago

If you are investing in a direct EB-5, the investor must engage in day to day business or policy formation. There is no set amount of shares that he or she needs to own.

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