Posted on 08/31/2013 by Mark A. Ivener, A Law Corporation
It is also important to note that the full amount of the immigrant’s investment must be made available to the business(es) most closely responsible for creating the jobs upon which EB-5 eligibility is based. Thus, in the regional center context, if the new commercial enterprise is not the job-creating entity, then the full amount of the capital must be first invested in the new commercial enterprise and then made available to the job-creating entity.
Taken directly from U.S. Department of Homeland Security’s EB-5 Adjudications Policy Memorandum on May 30, 2013.