Question:
When an EB-5 investor's money provides some of the funds for a business, does the EB-5 investors get credit for all the jobs saved or created?
Answers:
Yes, the mere establishment of a new commercial enterprise may be used as the basis of an I-526 petition, by more than one investor, provided each investor has invested or is actively in the process of investing the required amount of $500k, and provided that each individual investment results in the creation of at least 10 full-time positions for qualifying employees.
Furthermore, the establishment of a new commercial enterprise may be used as the basis of an I-526 petition, even though there are several owners of the enterprise, including persons who are not seeking classification under section 203(b)(5) of the Act and non-natural persons, both foreign and domestic, provided that the source(s) of all capital invested is identified and all invested capital has been derived by lawful means.
See 8 CFR 204.6 (g) as to multiple investors and job allocation. However, the actual minimum is one million dollars. The reduced amount of one-half million dollars is dependent on the location of the investment qualifying as a TEA at the proper time. Do not be fooled by that MYTH and/or MISPERCEPTION as to the true minimum investment amount. Additionally, remember that Regional Center does NOT equal TEA. One last point to consider is making a good case for including all the jobs in the overall project. This is known as demonstrating a sufficient nexus. It is a complex issue that is still evolving. A critical concern is the timing of the Regional Center's commitment to the project. The RC cannot hang back and shop around for a completed or nearly completed project and try to enter through the backdoor. You cannot usurp the job-creation efforts of someone else. However, committing to a project early will generally allow the Regional Center to bring additional EB-5 investors into the project at a later stage. The RC has to assert such planned courses of action to USCIS Up-Front. Late-stage entry and trying to fool USCIS won't work. The paperwork and money trails will show the reality of the lack of an early commitment to the project. Late-stage commitment claimed as "planned all along" has failed in the distant and recent past.