+1-800-997-1228
Questions & Answers

Does the EB5 Visa require that I run the business I invest in?

I currently have the money to invest but I am not in a position to run the company I invest in. Does this make me a good candidate for another program?

Answers

  • Avatar

    Reza Rahbaran

    Immigration Attorney
    Answered on

    As a direct investor you must have some sort of policy making role or directorship. Investment through a regional center requires far less involvement and the investor may be a limited partner.

  • Avatar

    Mahsa Aliaskari

    Immigration Attorney
    Answered on

    The EB-5 regulations require that the investor have some management role in the business. An EB-5 investor has the option of being involved on the day-to-day management of a business, or being involved at a policy making level only.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    You can either engage in a direct investment in a commercial enterprise or invest in a USCIS approved regional center. With the second option, you are not required to engage in daily management of the business. In fact, you will most likely be a limited partner within a limited partnership.

  • Avatar

    Roberto Ortiz

    Immigration Attorney
    Answered on

    The EB-5 program has two options. The first option is the direct EB-5 where you invest in a new commercial enterprise where you have to be responsible for running the company and create 10 new direct jobs. The second option is the Regional Center where you invest in a project of an approved industry in the Regional Center. You do not have to run the project, the project just has to take care of creating the 10 new jobs which can be indirect or direct.

  • Avatar

    Lei Jiang

    Immigration Attorney
    Answered on

    Normally it does not require daily management of the business. You will be fine if you invest in a regional center.

  • Avatar

    Shahzad Q Qadri

    RC Creator
    Answered on

    The regular EB5 program requires that you be involved in the operations, however the RC program does not. If you invest within a RC you will most likely be a limited partner, and as such there is no need to be involved in the day to day operations.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Most basis/individual EB-5 projects will require you to run the company, while most regional center EB-5 projects do not. Either way, the law requires that you have at least some role in the management of the new commercial enterprise, although your role as a limited partner, for example, would be acceptable.

  • Avatar

    Neville M Leslie

    Immigration Attorney
    Answered on

    No, you are not required to have any involvement.

  • Avatar

    Ali Brodie

    Immigration Attorney
    Answered on

    You may elect to invest through a designated EB-5 Regional Center as opposed to starting your own business.

  • Avatar

    Karen Weinstock

    Immigration Attorney
    Answered on

    It is not required that you actively manage the business. You can have a CEO or general manager, as long as you can control in other means, for example as a director or partner of the company.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    You should have at least some involvement in looking after the investment.

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    You are a candidate for the EB-5 Regional Center program. On the basis of your personal investment into an EB-5 new commercial enterprise, you and the other investors will be involved in a minor management role.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    You do not have to run the company you invest in, as long as you are part of a partnership and hold a policy making position as a member of the board. A majority of the people in your position choose a Regional Center that pools other EB-5 investors to invest or loan money to projects. There are several very successful Regional Centers with excellent track records for approvals that you should consider, such as EB5 Capital Regional Center, CMB Export Regional Center and others. An organization like WhiceEB5.com will help investors choose the correct regional center for them.

  • Avatar

    Philip H Teplen

    Immigration Attorney
    Answered on

    You do not have to run the business. I suggest you call us for a consultation.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Sounds like you would be better investing in one of the reputable Regional Centers as you are not required to live there and directly manage the day-to-day affairs. Call me for more detailed information.

  • Avatar

    Charlene Bu

    Immigration Attorney
    Answered on

    The EB-5 program does not require an investor to be engaged in day-to-day management of the company. Participating in policy making activities is usually sufficient.

  • Avatar

    Daniel B Lundy

    Immigration Attorney
    Answered on

    The regulations require that you have a management or policy forming role in the company. This does not mean you have to be a day-to-day, first-line manager. However, you must maintain some executive level control. In the regional center context, this role may be more limited, and generally, as long as you have the rights and duties prescribed for a Limited Partner under the Uniform Limited Partnership Act, you should qualify. USCIS training materials also currently state that this issue is of less importance if all of the other eligibility criteria are met. For further clarification, and advice on your specific situation, you should consult with an experienced immigration attorney.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.