Can my EB-5 business be a subsidiary of an international giant?

The EB-5 program is an investment pathway that allows foreign investors to obtain a permanent visa through job creation in the United States. Through this program, investors make significant investments in businesses that meet specific employment and investment requirements. Many people wonder if a business that is part of the EB-5 program can be a subsidiary of a large international company. The answer to this question depends on the structure and specifics of the enterprise. Generally, a subsidiary of an international giant can be considered part of the EB-5 program, provided it is structured to comply with all legal and minimum requirements set by United States immigration law.

For example, the subsidiary must demonstrate the creation or preservation of a significant number of jobs for U.S. workers and ensure that the invested capital starts or maintains a viable commercial operation in accordance with the program guidelines. It is important to note that U.S. immigration authorities conduct a thorough evaluation of the structure and operation of the enterprise. Thus, even if an international company has the resources and expertise to operate in the country, the subsidiary used as an investment vehicle must follow the logic of a ‘new commercial enterprise’ or, in the case of investments in existing businesses, meet the specific standards set forth in the EB-5 regulations.

The source of the investment, job creation projections, and transparent business management are crucial points that will be analyzed. Due to the complexity of the rules and the importance of ensuring compliance with immigration laws, it is essential to seek specialized advice. Consulting professionals with experience in the area can help structure the investment to avoid risks and operate within the law. Always remember to avoid marketing campaigns promising guaranteed results, as proper adherence to the rules does not guarantee automatic approval and requires adequate planning.

Therefore, yes, an EB-5 business can, under certain conditions, be a subsidiary of an international group, but it is indispensable that the enterprise’s structure fully complies with the program’s requirements. Seeking specialized guidance and ensuring compliance with United States immigration laws is essential to avoid unforeseen issues and guarantee a correct analysis of each case.

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.