Real Estate Development

Posted on 11/18/2012 by Mark A. Ivener, A Law Corporation

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Q: In a case where the EB-5 business is a real estate development, which leases space to tenant businesses who then hire employees, does the following factor increase the likelihood that those tenant’s jobs can count toward satisfying the job requirements of the development’s EB-5 investors? The tenant business received cash from the development for tenant improvements.

A: This is not acceptable. The tenants would still be responsible for creating the jobs. The EB-5 capital would simply be improving/outfitting/customizing the structure already owned by EB-5 capital.

Taken directly from USCIS EB-5 Immigrant Investor Program Quarterly Stakeholder Engagement on May 1, 2012.

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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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