How can an EB-5 investment be split between several businesses?
I am interested in opening several businesses in a TEA in Orlando, Fla. The initial investment is estimated at $350,000, but I expect to invest at least another $150,000 within two years. Does the EB-5 investment have to be made all at once into a single business? Will I run into problems if I am both making the investment in installments AND investing between several businesses?
Answers
Two years is too large a gap between investments of 2 businesses, but may be OK if $150,000 is the remaining amount needed in original investment for a total of $500,000 and it is documented in the business plan.
You can put your money in several different projects but you need more business plans with more sophisticated information. When you apply for Permanent Residence (Green Card), you have to report all of your businesses/projects to USCIS.
According to the strict letter of the law, you must be in the process of investing the required amount of capital, that is $ 500,000 in a TEA. In practice, however, any experienced immigration attorney will advise you to invest the entire amount at the time of I-526 filing/application. Not only the amount needs to be invested or at least actively in the process of investing it also needs to be at risk. For example, if the funds are sitting in a bank account ready to be disbursed but are not actually invested in the business most likely it will not qualify.
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