How can an investor use their invested EB-5 capital to operate the new commercial enterprise (NCE) while living abroad?

An EB-5 investor who wishes to use their funding capital to operate an NCE while residing outside the United States would be best served hiring a trusted and qualified individual to manage and operate the business. The benefit of doing this is that it satisfies part of the job creation requirement set out by the EB-5 program.

However, investors should be mindful that running an NCE while living abroad comes with significant challenges, and adding the complexities of having to comply with EB-5 regulations only increases the risks involved with doing global business. As such, investors are advised to turn to an immigration lawyer or industry expert with a wealth of relevant knowledge to help make informed decisions regarding the business’s management and EB-5 project structure.

Outlined below are some of the most common issues EB-5 investors living abroad may face when operating an EB-5 business in the United States.

  • Legal factors: Doing business in the United States necessitates a familiarity with U.S. trade law. The investor must adhere to U.S. policies, including the payment of taxes.
  • Language obstacles: Depending on the investor’s familiarity with English, they may need to employ a translator when communicating with business contacts.
  • Cultural disparities: Investors living abroad need to be mindful of the cultural practices prevalent in the United States. Certain etiquette that is considered acceptable in their home country may not be as well received in the United States.
  • Business supervision: Doing business globally could compromise business oversight. As such, investors should hire diligent, sharp-eyed supervisors who will supervise the business and notify the investor if any discrepancies or issues arise, such as an inequitable deal or negligent working conditions.
  • Political complications: Investors should be mindful that doing global business and trading from countries that having fraught relations with the United States may alienate consumers who are opposed to globalization.