Is there a restriction on shareholding participation?

The EB-5 visa was created to attract investments that generate employment and boost the United States economy, allowing foreign investors to obtain permanent residency upon fulfilling certain requirements. Among these requirements, in addition to the invested amount and the creation of jobs, there is a concern with how the investment is structured, including regarding shareholding participation.

In general terms, there is no rule that requires a specific type of shareholding participation for an investment to qualify for the EB-5. This means that the investor can participate in the business actively or passively, as long as the funds are effectively used to create jobs (at least 10 direct or indirect positions, depending on the type of investment) and in accordance with the program’s requirements.

For example, many investors choose to invest through Regional Centers, where the capital structure normally allows for a more passive participation, without the need to perform daily management functions. However, it is essential that the investment is properly structured so that the capital is ‘at risk’ and meets the parameters established by the United States Citizenship and Immigration Services (USCIS).

If the investor chooses to make a direct investment in a new commercial enterprise, the nuances of shareholding participation may vary. The important thing is that, regardless of the model adopted, the immigration requirements are strictly observed, including the need to demonstrate that the investment contributed to job creation.

Therefore, it is always prudent to follow the United States immigration laws and regulations and seek guidance from reliable sources and professionals specialized in the area. This helps to avoid risky situations, scams, or marketing campaigns that guarantee results without foundation. Investing with caution and knowledge is essential to avoid unpleasant surprises in the EB-5 process.

In summary, although there is no direct restriction regarding the form of shareholding participation, the investment structure must be carefully planned to meet all the criteria of the EB-5 program. Each case may have particularities, so it is important to pay attention to details and seek updated information directly from official sources or recognized experts in the field.

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.