BUSINESSES

The use of foreign capital is an effective way of financing US investments and expanding or restructuring existing commercial operations. The thrust of the Regional Center is to cluster together funds derived from foreign investors who seek to invest in qualifying structures so as to process an application for lawful permanent residency.

EB-5 Capital Partners is dedicated to providing the most up to date and cost effective advice and service to those promoters and investors seeking opportunities in the burgeoning immigrant investor sector. We are able to assist the developer, promoter, or business owner to fine-tune his vision and execute on a specific project from inception all the way through to funding.

Although there are a multitude of possible structures that can be utilized to fund any given project; the most compelling would be the use of the limited partnership (LP) that in turn capitalizes or loans funds to the designated employment creating entity. It is essential that each potential transaction accord with the following:

Creation of a New Business– There are two requirements i) the enterprise must be new, i.e., created after November 29, 1990, and ii) it must be a “commercial” enterprise meaning a for-profit entity. This would include sole proprietorships, partnerships, joint ventures, corporations, holding companies including subsidiaries, and entities publicly or privately owned.

Buying an Existing Business– a new commercial enterprise can result from a reorganization or restructuring of an existing business. The crucial factor is the creation of new employment beyond the employment that existed prior to the reorganization.

Expansion of an Existing Business– a new commercial enterprise will result from the expansion of an already existing business. The investment must result in the expansion of that existing business so that an increase of 40% of the net worth of the business or an increase in the number of employees of the business, as long as the minimum job creation is not less than 10 full time permanent employees. Audited financial statements of the enterprises former net worth are essential if net worth will be the basis of the application.

Pooling Arrangements– EB5 investors can pool their investments with others so long as each immigrant investor invests the required amount and is able to prove the source of those funds. This means that all investors in a given funds must prove the lawful source of their funds.

This is a sampling of services and is not intended to be comprehensive. The information is not legal advice and and should not be treated as such. You must not rely on the information as an alternative to legal advice. Please consult with your attorney and other professional services provider.