Question:
How can an EB-5 investment be divided? I understand that EB-5 requires an investment of $1 million or $500k (TEA). Is this a one time investment that must occur before filing, or can this take place as a cumulative investment. And can this investment amount be divvied across multiple companies?
Answers:
The question calls for an analysis by an experienced EB5 attorney. It is advisable to have the personal investment funds in escrow before the filing of the I526 petition. The business plan may indicate the period of time of the investment funds will be dispersed to the New Commercial enterprise. In a direct investment structure the personal investment funds may be dispersed amongst various companies at the same time.
Investors must have invested in the new commercial enterprise or be in the process of investing in the new commercial enterprise. Therefore, the investment can be made in installments. While splitting the investment across multiple entities may raise issues with the required job creation, portfolios of businesses may be acceptable. We recommend retaining experienced EB5 counsel to assist you with your EB5 immigration goals.