Can I use a silent partnership (SCP)?

In the EB-5, the investor obtains a green card by investing in a commercial enterprise in the United States that generates the jobs required by the program. The decisive factor is not the label of the corporate structure, but whether it clearly demonstrates direct investment and job creation.

A silent partnership (SCP) is a structure with an ostensible partner, who manages and appears publicly, and participating partners, who play no role in management. Precisely because of this, its use in the EB-5 can raise complications.

Authorities want robust evidence that capital is committed to the business and contributes to the local economy. If the SCP structure does not make job creation and the commitment of resources clear, the eligibility of the investment may be called into question.

In short, while it may be technically viable, an SCP requires careful planning to meet the program’s requirements. Structure the operation with an EB-5 specialist and confirm the current criteria with the USCIS before making a decision.

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.