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Question:

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Does the entire EB-5 business have to be established at once? I'm planning to do an individual EB-5 investment in 2014. The idea is to set up a group LLC constituted by 2 stores in one or two TEA areas. But in order to lower the risk and meet the requirements for 10 full time employees, I'm considering opening one store first, then opening the other one in 12 months from the first opening. The total investment would be $500,000. Would this plan qualify for the EB-5 program? What are the legal risks or problems associated with a plan like this?

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Answers:

January 17, 2014 11:23 Ed Beshara

Based upon the facts you present it appears that you intend to make the investment as a direct investment. You may set up a holding company which 100% owns various subsidiary locations. This model will fit your intention of spreading the investment funds and required full time jobs amongst the business subsidiary

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January 17, 2014 11:49 Sal Picataggio

EB-5 projects can have phases, but the investment should be made at one time. Please be aware that the job creation still needs to occur as per the EB-5 rules during the proper time period.

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