Can I form a holding company for multiple businesses and combine 10 jobs?

The EB-5 program is an opportunity for investors who wish to reside in the United States by creating jobs for U.S. citizens or permanent residents. In this investment modality, the focus is that the invested capital generates, directly or indirectly, at least 10 job positions for U.S. workers. Therefore, it is essential that the investment structure complies with the requirements established by immigration law.

The creation of a holding company, which would encompass multiple businesses, can be a viable strategy, provided that the organizational and financial structure is clear in demonstrating how the jobs will be created. For EB-5, the investor needs to prove that their capital has generated or preserved the required 10 jobs.

Thus, even if you choose to form a holding company, it is fundamental to have detailed planning showing that, cumulatively, the businesses under the holding will employ at least 10 workers. Each segment or enterprise under the holding must have a direct link to the original investment so that the jobs can be properly attributed to the program.

It is important to keep in mind that the analysis of the investment by the United States Citizenship and Immigration Services (USCIS) is thorough. Therefore, it is highly recommended to have the support of specialized immigration and investment consulting firms, so that the adopted structure fully meets the legal and regulatory requirements.

Attempting to structure the investment in a way to sum jobs without a clear and substantiated integration may result in issues with the documentation and the petition analysis.

Finally, always remember to strictly follow U.S. immigration laws and avoid proposals that promise quick or guaranteed results. Seeking guidance from qualified professionals with experience in the subject is the safest way to avoid risks and scams, ensuring that all stages of the process comply with the current regulation.

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.