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

To understand the role that management plays in the direct EB-5 project, it is important first to understand that the EB-5 program aims to encourage investments that promote economic development and job creation in the United States. Within this context, the term ‘management’ has a specific meaning and can raise questions for many investors.

According to the guidelines from USCIS (United States Citizenship and Immigration Services), the definition of ‘management’ in the direct EB-5 environment is related to the investor’s ability to take an active role in the administration of the company. This means the investor must have an effective participation in the daily decisions or in defining the policies that govern the business.

In practical terms, the investor can perform this role in two ways: acting directly in the everyday management of the company – for example, as a manager or executive – or taking a supervisory position which, even if not involved in daily operations, is essential to guide the strategic direction of the enterprise.

USCIS expects that the investor, by demonstrating their involvement in management, directly contributes to the success of the enterprise, helping to meet job creation requirements. This involvement can be evidenced through functions that involve strategic planning, making important decisions, and monitoring business performance. It is essential that this participation is genuine, reflecting real managerial authority, and not just a formality.

It is worth emphasizing the importance of respecting United States immigration laws throughout the entire process. Investors should seek guidance from reliable sources and, whenever possible, consult specialists to ensure proper compliance with all EB-5 program requirements. There are various marketing campaigns that promise overly optimistic results, but it is critical to proceed with caution and avoid falling into scams or approaches that do not offer the necessary transparency.

In summary, USCIS defines ‘management’ in the context of direct EB-5 as the active and decision-making participation in controlling the invested company, whether in daily operations or in formulating policies that direct the business. Understanding this role is fundamental so that the investor can demonstrate effective involvement and meet the program requirements safely and in accordance with applicable regulations.

Having accurate information and seeking specialized guidance is an essential step to safely navigate the immigration and investment process in the United States.

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.