Are there restrictions on illegal businesses for EB-5?

Yes. EB-5 was created to direct capital to businesses that stimulate the economy and create jobs in the United States, and that presupposes full legality: the enterprise must be lawful, regulated, and transparent.

The requirement applies to both sides of the operation. Both the source of funds invested and the activity of the business itself are subject to scrutiny. Any connection to unlawful activity can seriously jeopardize the petition.

In practice, the investor must demonstrate, clearly and with documentation, that the funds came from a lawful source. If there are indications of ties to criminal activity or money laundering, the person may be found inadmissible.

For this reason, keep your documentation organized and your operation in compliance with the law. If you have any doubts, confirm the current requirements with USCIS or a trusted specialist, and be wary of proposals that promise guaranteed approval.

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.