[Q] I invested $1 Million USD in two businesses via two separate companies. Can I form holding company now to do direct EB-5?
[Q] I invested over $1 Million USD in two coffee shops and one restaurant several years ago and obtained E-2 visa. I am operating two coffee shops via Corporation A, and one restaurant via Corporation B, both of which are owned by me 100%. Coffee shops created 3 new full-time jobs, whereas the restaurant created 9 full-time new jobs, even though $800,000 USD was invested in the two coffee shops, while $400,000 was invested in the single restaurant. Can I now form a holding company with two subsidiaries and apply for direct individual EB-5 case?
The relevant issue is as follows. Although it is permissible for the fund to be invested in different businesses and different businesses created different number of jobs, this holding company (to be considered a new commercial enterprise) is contemplated to be formed "after the fact", and the holding company did not exist at the beginning of the investment period. Therefore, my answer would be no.
If the holding company had been formed before the relevant facts have transpired and then the two subsidiaries were formed, received funds and then operated the respective businesses, then the answer would be "yes", but that's not the case here.