EB-5 Visas

Investor’s Management or Policy-Making Role in the New Commercial Enterprise

Each EB-5 foreign investor must hold a management or policy-making role in the New Commercial Enterprise. This requires, at a minimum, that the investor form part of the group of people who have the ability to have a role in fundamental changes in the business of the New Commercial Enterprise. Typically, this requirement is satisfied in direct EB-5 investments if the investor is appointed to as a manager or member of the board of directors of the New Commercial Enterprise, or, in an EB-5 investment sponsored by a Regional Center, if the investor has the capacity to vote on fundamental changes to the company’s business.

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