EB-5 Visas

At-Risk Investment in an Active Business

The EB-5 Program requires that all of the capital invested in the New Commercial Enterprise be subject to the risk of profit or loss from the active operations of the business. This business risk is essential to the entrepreneurial spirit of the EB-5 Program. USCIS does not allow EB-5 investments that are passive investments, such as purchasing U.S. Treasury Bills, or investments in the stock market, or purchasing land to own for its future potential to increase in value. By the same rule, USCIS does not allow the New Commercial Enterprise to guarantee to the EB-5 investor the return of the capital invested after visa approval.

Investment projects have developed many solutions for reducing the business risk of investments while offering investments that comply with the entrepreneurial requirements of the EB-5 program.

Any business qualifies for EB-5 investment. Examples of successful EB-5 investments include hotels, restaurants, real estate development, hospitals, medical services businesses, assisted living facilities, retail stores, logistics parks, and high-technology start-ups.

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DISCLAIMER

This information is not intended to provide solutions to individual problems, does not constitute an attorney-client relationship and should not be construed as legal advice. Please note that laws change frequently.