What Types Of Businesses Qualify To Be EB-5 Projects?

[dropcap]Are[/dropcap] there limits on what types of businesses can qualify to be EB-5 projects? Nearly any type of lawful for-profit businesses can qualify to be EB-5 projects. As long as the business is structured properly, the type of business can be almost anything.

Here are a few examples of common types of businesses that may qualify to be EB-5 projects:

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  • Condominiums
  • Hotels or Resorts
  • Apartment buildings
  • Restaurants
  • Mixed-use commercial properties
  • Franchises
  • Wineries
  • Healthcare facilities

What are the basic EB-5 project requirements? To fulfill the program requirements an investor must:

  1. Invest in a new commercial enterprise project. In certain cases, an investor can invest in a troubled business.
  2. This project must be at-risk. An investor cannot receive guarantees that they will get their money back.
  3. The amount an investor places in escrow depends on the location of the project. If the project is located in a targeted employment area, or rural area, they must invest $500,000, otherwise, they invest $1 million.
  4. The EB-5 investor must create or prove that 10 full-time jobs will be created for U.S. workers within the project.

These requirements must all be fulfilled at the time that the investor files his or her I-829 Petition to Remove Conditions. If an EB-5 investor’s I-829 petition is approved then they become eligible for unconditional lawful permanent residency in the U.S.

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