Question:
How can I make an earlier investment qualify for EB-5? I am a partner for a company in Asia. In October of last year, my company invested $1.5 million in a real estate project in Texas. Since then, we have hired 20 employees already, and I am the sole owner of the U.S. company. How can I apply for the EB-5 category now with that investment? What premium processing options do I have?
Answers:
You have to show that as a result of your investment, at least 10 jobs were created. However, the longer you wait, the business may be considered “existing” and the requirements change. There are currently no formal premium processing options available for I-526 petitions.
First I would need to know more facts from you. For example, we would need to know whether all the investment funds are transferred from the company in Asia or whether any of the funds came from you personally. To date the EB-5 regulations require the investor to invest their personal funds into the U.S.business and hence the foreign company cannot invest the investment funds into the U.S.corporation. Therefore the structure and source of the investments may not allow you to apply for residency under the EB-5 category.