Does the EB-5 apply to branches of multinational companies?

The EB-5 is a visa program that aims to attract foreign investments to stimulate the United States economy, generating jobs and encouraging regional development. It requires a minimum investment in a new commercial enterprise that creates, directly or indirectly, at least 10 full-time jobs for U.S. citizens or residents.

Regarding the possibility of it being used for branches of multinational companies, it is important to clarify that EB-5 does not, in principle, exclude companies or entities linked to multinational groups; what really matters is whether the corporate structure created or reorganized in the United States meets the program’s requirements.

This means that for a branch of a multinational to qualify, it must be organized in a way that it is considered a new commercial enterprise (or a restructuring of an existing one) that receives foreign capital and achieves the employment creation targets set by immigration authorities.

In other words, if a branch is established or restructured in the U.S. so as to become a distinct entity and meet the investment and job creation criteria, it can technically qualify under EB-5. However, mere connection to a multinational, without the operation in the country having these characteristics, may not be sufficient for visa approval.

Each case is analyzed individually and must clearly demonstrate how the investment will bring economic benefits to the U.S. market. It is always advisable to strictly follow U.S. immigration laws and seek advice from specialists in the area to avoid risks.

It is also prudent to be aware of offers or marketing campaigns promising results without detailed case analysis, as failure to meet requirements may result in denials in immigration processes.

In summary, although a branch of a multinational can, under certain circumstances, be structured to meet EB-5 requirements, the success of the process depends on compliance with all established legal criteria.

Researching reliable information and consulting specialized professionals is essential for anyone interested in this type of investment.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.