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Question:

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Would an already existing company establishing a new company count for EB-5? I currently have a company in China. I was thinking about sending one million dollars to the United States so that my company can establish a new company there.

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Answers:

November 21, 2013 15:28 Ed Beshara

The EB-5 rules will allow your personal investment into a new U.S. Corporation. The rule about investment in an existing company in the U.S. does not apply to an existing company in another country.

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November 21, 2013 15:51 Sal Picataggio

The company in the U.S. would be a new U.S. company, even though it is based on an existing foreign company. In my opinion, you shouldn’t be subject to the 40 percent requirement, but we definitely recommend retaining qualified EB-5 counsel to review your strategies and goals.

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