Do I need to have an American administrator in the company?

The EB-5 program is an investment pathway aimed at stimulating the American economy through the creation of jobs for United States workers. It allows foreign investors to obtain permanent residency by meeting investment requirements and generating at least 10 jobs on U.S. soil.

Regarding the need to have an American administrator in the company, EB-5 legislation does not explicitly require that the manager or administrator of the company be a U.S. citizen or resident. What is prioritized is that the enterprise meets the qualified investment criteria and manages to create the minimum number of jobs within the stipulated timeframe.

This means that the composition of the management team can include both American citizens and foreigners, as long as the management structure allows for the effective operation of the business and the fulfillment of the program’s objectives.

However, it is important to remember that, to demonstrate the viability of the business and its operational capacity, it is essential to have an experienced and professional team, regardless of nationality. In some sectors, there may be a need for specialists who hold specific certifications or licenses in the United States, which may lead to hiring American professionals or those with experience in the local market.

Still, this requirement arises more from the nature of the business than from an EB-5 program rule per se.

It is important to emphasize that compliance with U.S. immigration and financial laws is fundamental throughout this process. Therefore, it is recommended that interested investors seek information from official sources and specialized consulting firms. This way, you avoid falling for promises of miraculous results or scams that often circulate in the market.

In summary, there is no legal obligation to have an American administrator in the company to participate in the EB-5 program, but the management structure must be robust and capable of sustaining the enterprise according to U.S. legislation requirements. Staying well informed and consulting trusted specialists is the best way to ensure that all requirements are correctly met and that your investment is in compliance with the law.

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.