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Can I apply for the EB-5 visa by establishing and investing in my own business?

I am the co-founder of a start-up in my home country. I plan to move to the United States and establish my business in the American market. Can I apply for the EB-5 visa by establishing and investing in my own business? When would I have to file my EB-5 application?

Yes, you may invest directly in your own business by establishing a new commercial enterprise in the United States that will engage in a for-profit business activity and create employment for at least 10 full-time (at least 35 hours a week) permanent jobs in the United States. If a new commercial enterprise is not in a rural or targeted employment area, then the required minimum investment is $1 million rather than $800,000. The new commercial enterprise must have a comprehensive business plan and otherwise qualify for the EB-5 program, and you must invest or be in the process of investing the capital and prove lawful source of investment funds prior to filing the I-526 petition with USCIS. Please consult an experienced EB-5 immigration attorney who would be able to guide you and also connect you to a team of professionals, such as a business counsel, CPA, business plan writer, etc.

DISCLAIMER: the information frown of this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationships. All questions you post will be available to the public; don no include confidential information in your question.

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