Already invested in a business, Can I apply for Green Card?

[BizGuy]

Hi,

I am an Indian citizen, and a Canadian resident. I incorporated a business in USA last year, and now the business's assets are over 5 million dollars and it has 10 full time employees. I did a small initial investment (under 100K) and as my company grew, most of the income was re-invested back into it.

So my question is, am I eligible for immigration under EB5? If yes, I am currently in the US with a B1/B2 visa, can I apply for immigration from within US?

Thanks.

[Attorney_23]

The EB-5 category is extremely complicated. One of the major factors to consider in your situation would be whether the $1 million invested in the company was your money or the profits of the company. For example, if you took an income as owner of the company and then reinvested those funds, that would likely count as an investment. However, if these were corporate funds, they likely would not constitute your investment. In that situation, you may need to look at other ways to possibly apply under the EB-5 category (or, perhaps, other immigrant visa category).

I recommend you consult an experienced attorney to discuss this matter. If you have not yet obtained an attorney, we at the Murthy Law Firm are experienced in dealing with complex EB-5 matters.