Question: How can EB-5 investors pool money? Question Detail: What is the process for EB-5 investors to pool money to invest in multiple businesses across several industries? What are the risks and benefits of pooling money like this, and what are the restrictions? Also, how can an investor withdraw his or her initial investment after two years to invest in other businesses?
ANSWER:
According to USCIS Policy Memorandum regarding EB-5 Adjudication Policy, dated on May 30, 2013, an immigrant investor may diversify his or her total EB-5 investment across a portfolio of businesses or projects, so long as the minimum investment amount is placed in a single commercial enterprise. For immigrant investors who are not associated with a regional center, the capital may be deployed into a portfolio of wholly-owned businesses, so long as all capital is deployed through a single commercial enterprise and all jobs are created directly within that commercial enterprise or through the portfolio of businesses that received the EB-5 capital through that commercial enterprise.
For example, in an area in which the minimum investment amount is $1 million, the investor can invest in a commercial enterprise that deploys $600,000 toward one business that it wholly owns, and $400,000 toward another business that it wholly owns. You may invest in multiple businesses as long as they are wholly owned by a commercial enterprise.
To remove condition by filing I-829, an investor is required to maintain required capital and at least 10 jobs within two years. Withdrawal of investment within two years will make an investor ineligible to remove condition. After the approval of I-829, there is no future requirement that the investment must be sustained.
