Profit Requirements


Posted on 09/12/2012 by Mark A. Ivener, A Law Corporation

Question: At the end of the two year EB5 period, to remove the restriction, does the business created have to make profits?  Or can the business lose money as long as the ten job creation requirement is satisfied?

Answer: There is no “profit” requirement in the statue or regulations.  As long as the investment has been made and is at risk of loss and the required jobs have been created there is no additional profitability requirement.

Taken directly from USCIS EB5 Immigrant Investor Program Quarterly Stakeholder Engagement on May 1, 2012.

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About the Author

Mark Ivener is an experienced business and EB-5 immigration attorney who has written 5 books on Immigration Law as well as has written numerous articles and spoken at many events on EB-5 topics.

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