Question:

You will definitely need to be guided by an experienced EB-5 attorney. Whether the investment requirement is $1million or $500,000.00, you can not invest less than the required amount and then have the balance financed by the seller. That is the entire investment amount has to be invested otherwise the investment regulations have not been met. Also, investing in a regular business you will have to show more jobs are created than the existing ones.

The investment funds must be the investors personal funds. If the loan is an actual loan and not a gift disguised as a loan, you may be OK. You may also need to show you are an “accredited investor” that complies with SEC regulations. Employee counts for existing business will need to increase by more than 10, depending on the current business. Issues like these are why we recommend retaining qualified EB5 counsel, like the attorneys at our law firm, to assist and represent you.