Are there restrictions on ownership structure in EB-5?

In EB-5, there is no rule requiring a specific type of ownership structure for an investment to qualify. The investor may play an active role in management or a more passive one, as long as the capital is genuinely deployed in the enterprise and contributes to the jobs required by the program.

The form of participation typically follows the chosen model:

• Through a Regional Center, the capital structure generally allows for a more passive role, without the investor needing to be involved in day-to-day operations.
• In a direct investment in a new commercial enterprise, the nuances of participation may vary depending on the ownership arrangement adopted.

In either path, the central point is that the capital must remain ‘at risk’ under the terms of the program and that the investment demonstrably helps generate the required jobs. It is not the form of the ownership structure that qualifies a case, but rather compliance with these requirements.

Since each structure has its own implications and is reviewed on a case-by-case basis by the USCIS, plan the arrangement carefully, confirm updated requirements from official sources, and seek specialized guidance in investment-based immigration.

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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.