Does investing in U.S. stock market shares count for EB-5?

In general, no. Buying shares in companies listed on U.S. stock exchanges typically does not qualify for the EB-5, because that type of investment is not tied to a specific enterprise under the investor’s management.

The EB-5 was designed to channel capital into a commercial enterprise that creates or preserves jobs in the United States. When purchasing shares on the open market, the investor does not demonstrate the direct job creation that is at the heart of the program.

There is also the matter of capital at risk: the investment must be committed to a defined enterprise. Publicly traded shares are spread across many companies and subject to market volatility, which typically does not meet the format the program requires.

Structuring an EB-5 investment correctly makes a real difference. Be wary of proposals that promise easy or guaranteed approval, and rely on trustworthy sources. To evaluate the best path forward, confirm the current requirements with USCIS or with a qualified specialist.

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.