Do I need to register the company as an LLC or Corporation?

There is no single answer. EB-5 requires that the investment be made in a commercial enterprise that creates jobs for U.S. workers, but it does not mandate a specific entity type. Both an LLC and a Corporation can qualify; the choice depends on the structure and goals of the business.

Each format has a different profile:

• An LLC (Limited Liability Company) is known for its management and tax flexibility, with fewer formalities.
• A Corporation has a more rigid structure and robust governance, useful for issuing shares and for projects with multiple investors.

Regardless of the entity chosen, the investment must comply with U.S. immigration law and meet EB-5 requirements. Because the decision involves corporate, tax, and immigration implications, it is worth consulting immigration attorneys and business advisors for a personalized analysis before forming the company.

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.