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

Yes, it is possible. Buying a minority stake in an LLC can qualify under EB-5, but the percentage of the interest is not what decides: what matters is how the investment is structured.

Two conditions are central to the immigrant investor program:

• The capital must be at risk, exposed to real gain or loss, and not merely lent or guaranteed.
• The funds must be directly deployed in the business that generates the required jobs.

A small ownership stake can therefore be accepted if the money genuinely finances the operation and expansion of the company and meets the job-creation requirements. Aspects such as the investor’s role and the use of funds within the LLC are evaluated on a case-by-case basis by the competent authority.

Because the right structure makes all the difference, verify the current requirements with USCIS and set up the investment with the support of a specialist before closing the deal.

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.