Are there limitations on buying land through EB-5?

Yes, there are limitations. Under EB-5, capital must be invested in a new commercial enterprise that creates jobs for workers in the United States. Simply purchasing land without a concrete development plan that transforms that asset into a productive venture generally does not satisfy the program’s requirements.

In other words, land only counts when it is part of a structured project in which the money is genuinely at risk and tied to creating the number of jobs required by the program. Buying land and merely holding it while waiting for appreciation tends not to be accepted as a valid EB-5 investment.

• The investment must fund a business that creates jobs, not an idle asset.
• Capital must remain at risk and committed to the project.
• Local zoning and land-use regulations may restrict development.

In short, land can be part of a valid EB-5 project as long as it fits within a development plan that meets the active investment and job-creation requirements. Given the combination of real estate and immigration rules, it is worth structuring each step with specialized guidance and confirming updated requirements through the official source.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.