Can I buy a minority interest in an LLC for EB-5?

The EB-5 visa is an investment program that allows foreign investors to obtain permanent residence in the United States by making an investment that creates jobs. The primary focus of this program is to invest a minimum amount in a new commercial enterprise or a project that contributes to the creation of jobs for American workers.

Regarding the possibility of buying a minority interest in an LLC for the EB-5, it is important to highlight that the law requires the invested capital to be ‘at risk’ and employed directly in the structure that promotes job creation. In other words, simply acquiring a small interest may not be sufficient if the investment is not structured to meet these fundamental requirements.

For the investment to be accepted under EB-5, the funds contributed must help with the operation and expansion of the company, generating the required jobs. Each case must be analyzed individually, as the investment structure, the investor’s role in management, and the use of resources within the LLC are decisive for the project’s acceptance under EB-5.

Therefore, if considering purchasing a minority interest, this structure must demonstrate real exposure to risk and direct contribution to the creation of the necessary jobs. Additionally, it is essential that the transaction complies with all U.S. immigration laws and financial regulations. Given the risks of inappropriate practices or unrealistic promises, caution is advised along with seeking specialized professional advice to ensure safety and compliance with the EB-5 program.

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.