Can I turn an ongoing E-2 business into an EB-5 investment? - EB5Investors.com

Can I turn an ongoing E-2 business into an EB-5 investment?

If my business generates $3 million in revenue annually and is on an E-2 visa, can I turn it into an EB-5 investment and transfer it to that visa? Or do I still need to invest $800,000 or $1.05 million?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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Answered on

You cannot use retained earnings so best to take out $800,000, pay taxes and invest in a regional center project.

Linda Liang

Linda Liang

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Answered on

You can show your investment with your *distribution* from your E-2 business. Or if you have proof that your E-2 business has already received the required amount of investment, you can turn your E-2 business into EB-5. Qualifying an investment for EB-5 purposes is not a one-factor matter. You should have an attorney who can give you advice based on your business financial situation.

Michael A Harris, Esq

Michael A Harris, Esq

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Answered on

You need to invest at least $800,000 in capital into your business. The form of capital usually invested in cash. Retained earnings, meaning the profit of your business that you do not withdraw as cash somehow, are not considered an investment for EB-5 purposes. If funds are withdrawn from a business account properly, then if those funds were re-invested in a business, then it may qualify as an investment. To evaluate your case, it’s best to consult with an EB-5 expert.

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