How does USCIS define ‘management’ in direct EB-5?

In direct EB-5, USCIS understands ‘management’ as the investor’s active involvement in running the business, not the simple placement of money as a passive partner. The investor must genuinely participate in the decisions of the enterprise.

This involvement can take more than one form:

• Day-to-day management, serving in an executive or managerial role.
• Policy formulation, guiding the strategic direction of the enterprise even without handling daily operations.

What USCIS expects is real management authority, evidenced by activities such as strategic planning, meaningful decisions, and monitoring business performance. Participation must be genuine, not a formality on paper, because it is what connects the investor to the success of the project and the fulfillment of job creation requirements.

Because the way to demonstrate this involvement is assessed case by case, confirm the current criteria through official USCIS sources and, ideally, work with an immigration professional to structure your participation in a defensible way.

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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.