Making a business compliant with EB-5 rules and regulations requires careful review by an experienced EB-5 attorney, like those at our law firm. The legal and financial infrastructures need to not only be in compliance, but they also need to be attractive to potential investors. Again, an experienced EB5 attorney with relationships with immigration brokers or agents, as we do, is extremely helpful in this process.
You are asking a late stage question quite prematurely. First, you need to consult with an expert in EB-5 just to determine IF you have something to offer to any EB-5 investor(s). As an existing business there are three routes to explore: 1.) rescuing a troubled business and preserving jobs; 2.) expansion to 140% of existing net worth or number of employees (in either scenario, there MUST still be 10 NEW full-time jobs created per EB-5 investor); or 3.) drastic restructuring such that a totally new business emerges. IF one of these scenarios applies, THEN, the real work can begin on creating an EB-5 compliant Business Plan and seeking real investors. You can call or e-mail me for help on this.
An experienced EB-5 attorney will assist you to structure EB-5 compliant and marketable documents for your existing business. Your business may be considered to be either a direct or Regional Center business.