EB-5 Question for EB-5 Attorney

There are three shareholders in a recently created business, I am going to invest 1 million dollars in the same. Now out of my 1 million investment, $300K will simply go towards buying all of the shares of one of the shareholders. So I will substitute one of the shareholders, who will take out this $400K. I am concerned if this arrangement is permissible – specially when I read, there has to be a nexus between 1 Million and job creation. In business sense, this is how investments always work – you buy shares in business. Your thoughts would be appreciated, before I begin to consider where to invest. I understand – not all businesses will qualify. And that’s why before doing anything major I will hire an attorney. At this point, I just started to explore EB-5 option. Just need to know: In business world, that’s how you buy someone’s share – i.e. pay them out. So my question – 1/3 share will cost 300K. So do I have to invest 1.3 million. Or just 1 million. I am concerned because, I need to know if it can be accomplished in 1 million. Thanks.

More details are needed about your strategy. An investment in an enterprise in exchange for stock would qualify. But, not all investments or all structured investments qualify for EB5. A structure of the investment could permit only $1M and not require $1.3M to be invested. EB-5 is one of the most complex areas of immigration law. Before you begin to invest, schedule a consultation with an immigration attorney with EB-5 experience.

Mr. Smith is an attorney with over 25 years of immigration experience with complex immigration issues and successful EB5 filings. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Smith’s statement above does not create an attorney/client relationship.