Can a single family housing development of 100 to 140 homes qualify for an EB 5 Investment?
I have been asked if this project could qualify. A Regional Center is advertising that the ancillary jobs for a condo project qualifies its project.
Answers
Yes, it is possible using an expenditure methodology and counting the indirect jobs created, typically from construction.
You will need to examine the Economic Impact Analysis (Jobs Report) carefully and determine whether the inputs, outputs and methodologies employed are consistent with USCIS regulations and guidelines. Also be sure to examine the State certification letter to ensure that it remains current (qualifies) given the new ACS numbers that have just come out.
Whatever the investor is investing in, needs to be considered as a single project. In a case like this the temptation will be to get as many homes into one project as possible, but bear in mind that the jobs must be created within the 2.5 year job creation window, so pick a number of homes that will work reasonably given the time requirement and the job creation yield, discussed in Michael Gibson's answer to this question.
Why not? As long as it is done for business and the required number of jobs are created within USCIS regulations and guidelines there should be no problem. Needless to say though, like everything else, a qualified team of immigration lawyers, business plan writers, economists, security lawyers, developers, regional centers etc., need to be assembled.
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