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Spouses and minor children of EB-5 investors can also obtain their permanent residence as derivative beneficiaries. The United States continues to provide a secure and promising market for investors and the EB-5 visa can enable the investor and his family to live in the U.S. to oversee the investment and enjoy the quality of life that this country offers. It can be the investment of a lifetime.
An investor must invest in what USCIS considers a for profit "new enterprise." "A "new enterprise" is a term of art. In fact it really does not need to be a brand new company or one that is in the making.
For EB-5 purposes, a "new enterprise" is a company that meets one of two requirements:
1. It was established after November 29, 1990. A company formed on or after this date will be considered "new".
2. It is a company established before November 29, 1990 that has been or is in the process of being restructured so that in essence it will be a new commercial enterprise. Alternatively, the purchase of an older company can qualify if the investment will result in substantial expansion of the business. The EB-5 investment must produce a 40 percent increase in the net worth of the business or in the number of employees.
The investment can be in a very wide range of enterprises. Although the investment must provide a "benefit to the U.S. economy", this requirement is generally satisfied by demonstrating that the new business will provide or has been providing goods or services to the U.S. market.
The general requirements are that an EB-5 investor must invest one million dollars in an enterprise that will create at least ten full-time jobs. However, investors may invest only $500,000 if the investment will be in a "targeted employment" area. Targeted employment areas include rural areas and areas of high unemployment. Our knowledgeable attorneys can help you identify whether the site of your prospective investment may qualify for the $500,000 exception. The investment need not be entirely in cash. We can also help you identify equipment, inventory and other cash equivalents that may be used as part of the investment. Our attorneys can also advise you as to under what circumstances loans may be used to make the EB-5 investment.
• The investment will be in a qualifying enterprise
• The petitioner has invested the required capital
• The capital was acquired legally
• The investor will be involved in the management of the funds
• The new enterprise will create the required jobs
Marilyn Labrada Dumé
Founder & Managing Partner
Marilyn Dume is the founder and managing partner of the firm. Ms. Dume earned a Juris Doctor degree from Columbia Law School in 1989. Prior to attending Columbia, Ms. Dume attended University of Pennsylvania where she received her Bachelor of Arts degree in 1986. Ms. Dume is admitted to the New Jersey State Bar.