Can I have an American partner who is not participating in the EB-5?

The EB-5 program was created to encourage foreign investments that boost the United States economy, especially through job creation. In it, the foreign investor must make a significant investment, which varies according to the project’s location, in a company that directly or indirectly generates at least 10 jobs for American workers.

In the case of having an American partner who does not formally participate in the EB-5, the situation may be feasible, provided that the investment made meets all the program’s requirements. This means that the foreign investor must prove that their participation meets the minimum required amount and that the invested capital is directed towards job creation as stipulated by U.S. law.

Having an American partner who contributes operationally or administratively to the company can be part of the business structure, but it is essential that the EB-5 investor status is exclusive to the resources coming from the foreign investor. It is important to emphasize that the company’s structure must be carefully analyzed to avoid the presence of an American partner interfering with the program’s compliance requirements.

It is always recommended that the investor seek advice from immigration specialists and qualified professionals in the area, who can guide how to structure the partnership in compliance with U.S. immigration laws. Moreover, this approach helps to prevent future issues and avoid any situation that might be interpreted as a violation of the EB-5 program rules.

Compliance with the legislation is essential for the security of the process, and guidance from trustworthy professionals minimizes risks, especially when faced with offers that may promise guaranteed results but often do not meet legal requirements or are scams.

Each case must be analyzed individually, and transparency at all stages is the best path to success within the rules established by 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.