How is the corporate structure defined in direct EB-5?

In EB-5 direct, the corporate structure is designed to meet two goals at once: demonstrating that capital was genuinely invested in a commercial enterprise and proving that the business generates the jobs required by the program. The legal arrangement exists to make that traceable and documentable.

In practice, the investor places funds directly into the company, which typically involves forming a dedicated commercial entity. The most common forms are:

• A limited liability company (LLC) or corporation, often created specifically for the project.
• Partnership structures, such as a limited partnership, in which the investor participates and a managing partner runs the operation.
• Arrangements that ensure the investor’s active involvement in management or in shaping the business, a key point in EB-5 direct.

Whatever the format, the structure must allow for a clear accounting of the invested capital and the attribution of jobs to that investment, in accordance with USCIS requirements. For that reason, it is worth designing the operation with specialized legal counsel and confirming current requirements at the official source, rather than relying on off-the-shelf models that promise guaranteed approval.

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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.