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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.
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