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Question:

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I want to invest in a troubled business. I know that in a troubled business an investor is supposed to maintain the number of employees that the business had before the investment was made. If I maintain the number of employees but replace them with my own employees (all of whom can legally work in the US), am I in violation of the EB-5 program for troubled businesses? The relevant regulation (8 CFR 204.6(j)(4)(ii)) does not give me clear guidance on this issue. Thank you very much for your help.

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Answers:

June 11, 2013 09:21 Ed Beshara

You are correct ,investors in a troubled business have to maintain the same number of jobs. However, if there are more investors than required to maintain the same number of jobs then definitely these extra investors can create new jobs. Again you can or replace the past employees with new ones.

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