Can we pool EB-5 investments?

Yes provided you create 10 jobs for each $1,000,000 dollars, or $500,000 dollars invested. The amount depends on whether the business is in a high unemployment area (150% of
national average) or a rural area, as defined by the guidance.

Yes, you are allowed to pool funds together with multiple investors as long as each invests the required amount and at least 10 jobs are created for each investor (or maintained in the case of a troubled business). A regional center affects the pooled investment in that job creation may use indirect/induced jobs in addition to direct jobs. A pooled investment which is not part of a regional center cannot take advantage of this part of the law.

Possible issues would be the creation of the requisite 10 full-time jobs per investor; each investor is still required to invest either $500K or $1mln depending on whether or not the investment is in a rural are or TEA; and whether the pooled investment is a function of an approved project in a Regional Center or a properly structured and complying direct EB-5 investment.

Answer: Interesting question. Pooling the invested funds is not the issue as far as EB-5 is concerned, but whether a fund can function as an EB-5 Entity for which the investors would qualify, is the question. If the pooled investment is put into a Regional Center project, each of the investor responsible for the $500k or $1Mil may use those funds for EB-5, provided they meet the requisite 10 f/t hires, etc.

Yes you may pool investments. The added advantage of doing this under the regional center model will be the indirect and induced jobs that will also be accountable, with direct investments the jobs must be full time. In a pooled investment scenario you will also need to show a direct link between the jobs created and each investor, as I am assuming this VC will be investing in different enterprises. For further information please contact Rahbaran & Associates.

In order to receive green cards, each investor must create 10 full time jobs. Regional center is good when you could not create required job directly.

Yes; you can pool investments in either the direct or regional center EB-5 context. Regional centers help out when you cannot create enough jobs directly (10 fulltime jobs per investor) or when the project may be owned by a different entity. Each investor much make the required amount of investment, either $500,000 or $1million, regardless of whether or not the capital is pooled and/or funneled through a regional center.

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Generally the diversified investment (hedge fund) model you describe does not work. The new policy memo from USCIS has not really addressed this issue. The following question remain unanswered: "Whether and under what conditions a new commercial enterprise may identify a business plan to generate jobs in and remove capital from an initial job creating enterprise and move the capital into subsequent enterprises during the investors'' conditional residence (particularly, must all future such JCEs be fully documented in I-526, must they be principally doing business in RC or TEA, and must they create any new jobs if the original JCE maintains the jobs)." In general it is implied from the matter of Izummi that the source of the job creation must be identifiable in a certain project. "I-526 petitions may not be approved for investments (or loans) to businesses that will not be identified or selected until after the approval of the petition."

Yes, investments may be pooled, however, each investor desiring to acquire status under the EB-5 program must be able to show that his investment is creating 10 jobs. Regional Centers are USCIS'' investment vehicles in generally economically challenged areas that USCIS has approved for pooled investment, based on a showing that each investor''s infusion of capital will indirectly create 10 new US jobs in the economic area.

Investments can most Definitely be pooled. The major question comes to how many direct and indirect jobs are created. I will be happy to personally work with you.

The possible issue with this type of investment is that it will not create full time jobs. The EB-5 requires that each investor has to create ten full time jobs with each investment that they make. If you have any other questions, please do not hesitate to contact me. Thank you.

Yes.

You can pool investors, however, the scheme you describe will only work if you use a RC, the regualar eb5 program will not work.

You can pool investors for a specific, identified project. Blind pools such as venture capital and other private equity funds are not permitted.

A group of investors may be able to invest in a direct EB-5 or EB-5 RC infrastructure.

I can''t see how that would create 10 new jobs each as required.