I plan to make a direct EB-5 investment by forming an LLC with my brother (U.S. permanent resident) and starting a franchise business. The LLC will be manager-managed, and I will be a member (not a manager). Would that be enough for me to qualify as holding a day-to-day management or policy formulation role for the purpose of applying for an EB-5 visa? What does USCIS consider to be active participation in a direct EB-5 investment?
Answers
Julia Roussinova
Immigration AttorneysMember role in a LLC policy formulation and/or voting on major business decisions should suffice. However, LLC operating documents must be clearly drafted and EB-5 compliant. Please consult an experienced EB-5 immigration and corporate counsel.
Salvatore Picataggio
Immigration AttorneysYou still need to be involved in policy formulation or voting on policy matters of the LLC.
John J Downey
Immigration AttorneysThis question was answered early on by USCIS. They said that "active participation" would be satisfied if it is the same participation as a limited partner would have under the Uniform Limited Partnership Act. Your participation as a member of an LLC should suffice.
Lynne Feldman
Immigration AttorneysThis can be structured to work. If you are involved in the policy of the company, that can be sufficient for developing and directing.
Vaughan de Kirby
Immigration AttorneysActive management can take many forms, from policy determination and implementation, to day-to-day management. I recommend you discuss your plans in detail with your investment immigration attorney to formulate a plan that will work with your goals.
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