Does the EB-5 allow a joint venture with an American?

EB-5 is a program designed to attract foreign investment to stimulate the United States economy through job creation. A common question is whether it is possible to make investments through a joint venture, including partnerships with American citizens.

The basic answer is: yes, EB-5 allows the creation of joint venture structures, provided that the operation complies with all requirements and conditions established by United States immigration law. When investing in a joint enterprise, it is essential that the investor can demonstrate the legal source of the funds, active participation or sufficient supervisory rights, and, above all, that the investment results in the direct creation of at least 10 full-time jobs for US workers. The structure of the joint venture must be designed in such a way as to guarantee that the needs and obligations of the EB-5 program are fully met, even if the project involves American or other nationality partners.

Another important consideration is that the investment structure must make clear that the foreign investor has a decisive or supervisory role to ensure compliance with legal and regulatory requirements. In many cases, partnerships with an American citizen can add local expertise and assist in business management, but this collaboration needs to be formalized with the support of specialized legal advice to avoid issues that could compromise the immigration process.

Finally, it is essential to emphasize the importance of strictly following immigration laws and seeking support from experienced professionals and specialized companies on the subject. The EB-5 is a program that demands great attention to detail and compliance with the Department of Homeland Security (USCIS) regulations; therefore, be careful when dealing with promises of guaranteed results or marketing campaigns that may be misleading. Always ensure you have a complete and professional analysis before making any commitment.

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.