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LAW OFFICE OF JIMENA G. CABRERA
SPECIALIZING EXCLUSIVELY IN IMMIGRATION LAW
EB-5 INVESTOR REPRESENTATION

DIRECT INVESTMENT EB-5


*The information contained herein is intended for general informational purposes only. It is not intended for legal advice. You must consult with an attorney to obtain specific, comprehensive legal advice. Government processing times may change at any time. For current USCIS processing times contact USCIS directly.

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Direct Investment EB-5 is ideal for entrepreneurs who want to personally manage the new commercial enterprise and who have experience doing so. It allows the investor direct participation in the daily operations of the new commercial enterprise.


In the direct investment EB-5, the new commercial enterprise is not affiliated with a regional center and requires the investor to show that the investment will generate 10 full-time jobs for U.S. workers. The investor is only allowed to utilize direct jobs to qualify for residency. Direct jobs are actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB-5 investor has directly invested his or her capital.


The investment requirement is the same: $900,000 in Targeted Employment Areas (TEAs) and $1.8 Millon elsewhere.


Pooled Investments

It is possible that more than one investor invests the required amount of capital in the new project or commercial enterprise, but each investor/investment should create 10 full-time jobs. Also, the new commercial enterprise can have owners who are not seeking to enter the EB-5 program.


Requirements:

  1. To have a comprehensive business plan.

  2. To invest or being in the process of investing the required amount.

  3. The invested funds should come from a lawful verifiable source.

  4. The new commercial enterprise should create 10 full-time jobs.


Exit Strategy: Selling of Liquidating the Investment

The investor will be able to sell or liquidate the new commercial enterprise after the I-829 petition has been approved.  If the I-829 is pending the attorney may analyze the specific situation on the case by case basis.