Can I buy residential properties to rent out?

Generally, no. Buying residential properties solely to rent them out is typically treated as passive investment, and that model usually does not meet the requirements of the EB-5 program. EB-5 was not designed for rental income but for capital actively deployed in the economy.

EB-5 requires that the investment be made in a commercial enterprise capable of actively and directly creating jobs in the United States. It is that job creation, not the mere acquisition of a property, that sits at the heart of the program.

This does not exclude real estate entirely. Business structures involving development, construction, operation, and active management of a project that generates new jobs can align with the required profile. What determines eligibility is how the business is structured and whether job creation can be demonstrated, not the real estate label itself.

Because every structure has its own particulars, it is worth reviewing the project with a specialist and verifying the current requirements with USCIS before investing, so you do not mistake a passive purchase for an eligible enterprise.

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.