Does the EB-5 apply to investments on the New York Stock Exchange?

No. Buying shares traded on the New York Stock Exchange is considered passive investment and does not meet the purpose of the EB-5, which requires a capital contribution directed at job creation in the United States. The program’s logic is that money must generate real employment positions, something that simply purchasing shares on the open market does not deliver in a direct and measurable way.

The EB-5 is a green card pathway through investment in a commercial enterprise that directly or indirectly creates or preserves jobs. For this reason, capital must be directed toward projects that fit that purpose, not toward passive financial assets.

• Not eligible: shares and other passive assets purchased on a stock exchange.
• Eligible: direct investment in a company that generates jobs.
• Eligible: investment through an approved regional center.

It is also necessary to demonstrate the lawful source of the funds and the connection between the investment and job creation. Because the rules involve important details, it is worth verifying the current requirements at the official source and evaluating the investment structure with a specialist before making a decision.

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Victoria Harper

Editor-in-Chief

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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.