Can I set up a holding company that controls other businesses under the EB-5?

As a general rule, yes. The EB-5 program does not prohibit structuring the investment through a holding company that controls other businesses, as long as the arrangement meets the program’s requirements and clearly demonstrates the capital contribution and job creation.

What the USCIS evaluates is not the corporate structure itself, but whether it delivers what the program requires: capital that is actually invested and at risk, and the creation of qualifying jobs attributable to the enterprise. A holding company with multiple subsidiaries is acceptable when the chain can demonstrate these elements in a traceable way.

• The structure must show the capital investment and its connection to the jobs created.
• Transparency in the corporate chain makes verification easier and reduces risks.
• The more layers involved, the more careful the documentation and compliance must be.

Because arrangements involving holding companies and multiple entities increase the complexity of the required proof, it is worth checking the updated rules with USCIS and designing the structure with the support of specialists in immigration and business law.

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.