Does a broker dealer regulate the sale of EB-5 interests?

The EB-5 program is a visa category that allows foreign investors to obtain permanent residency, provided they make a qualified investment in businesses that create jobs in the United States. Generally, this process involves specific immigration requirements and the participation of entities, such as regional centers, that help facilitate the projects. In this context, it is important to understand the role of different entities, avoiding common misconceptions, such as the supposed involvement of a broker dealer in regulating EB-5 interests.

A broker dealer is an institution that operates in the buying and selling of securities in the financial market and is usually regulated by the Securities and Exchange Commission (SEC) and FINRA in the United States. However, the EB-5 program is primarily overseen by the United States Citizenship and Immigration Services (USCIS) and is not under the direct jurisdiction of a broker dealer.

This means that, although some aspects of an EB-5 investment may eventually involve the issuance of securities – and thus require compliance with certain financial market regulations – the structure of the program itself, its criteria, and the visa approval are the responsibility of immigration authorities. In practice, if an EB-5 project uses mechanisms involving securities offerings, some market participants may need specific information and guidance related to these matters.

However, it is crucial to emphasize that EB-5 visa approval depends on meeting immigration criteria established by the USCIS, and not on the actions or regulation of a broker dealer. For this reason, it is essential for investors to be well informed, relying on the support of professionals specialized in both immigration and financial matters.

It is worth remembering that strictly following United States laws and regulations is indispensable to avoid risks and complications. Investors are always recommended to consult qualified sources and trustworthy professionals to protect themselves against scams and unfounded promises, which often circulate through marketing campaigns.

When seeking information, be cautious and verify the credibility of the companies and professionals involved in conducting the EB-5 process.

In summary, a broker dealer does not regulate the sale of EB-5 interests; the program itself is regulated by immigration agencies and, when necessary, by financial market authorities, ensuring that all investment stages comply with the country’s laws.

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.