Questions and Answers > EB-5 Investments

Do I need to own at least 50% of a company to be eligible for the EB-5 direct investment program?

When establishing a business for EB-5, does the investor have to own at least 50% of the business, or does he only need to meet the required investment threshold and create enough jobs?

Answers

• BoBi Ahn

  Immigration Attorney

  Answered on November 25, 2019

  There is no requirement for the percentage of ownership to qualify for EB-5 investment as long as the required minimum capital investment and minimum job creation are met.

• Dale Schwartz

  Immigration Attorney

  Answered on November 25, 2019

  No. You can own a much lesser amount. Many of the regional centers give investors 1%.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on November 25, 2019

  No, majority ownership and control are not required elements of eligibility.

• Stephen Berman

  Immigration Attorney

  Answered on November 22, 2019

  There is no requirement to own at least 50% of the company. That is for the nonimmigrant treaty investor visa.

• Salvatore Picataggio

  Immigration Attorney

  Answered on November 22, 2019

  Just the funds and the jobs. Some regional centers have foreign investors own as little as 1%. The 50% rule is for E-2 visas.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on November 22, 2019

  You do not need to own 50% of the business, in fact, we had clients who own far less percentage. What matters is that the amount you are required to invest and that such investment will eventually and does create at least 10 jobs. Advisedly, check with the EB-5 attorney you are working with for further analysis on the steps to take.

• Charles Foster

  Immigration Attorney

  Answered on November 22, 2019

  You do not need to own any particular percentage of the business.

• Lynne Feldman

  Immigration Attorney

  Answered on November 22, 2019

  There is no 50% requirement.