While the EB-5 Visa program does not mandate any specific type of business entity that the foreign investor should invest in, it is necessary that the investor invests in an individual capacity or through a regional center.
As an individual investor, the foreign investor can invest his capital into a corporation, limited company, partnership, sole proprietorship, business trust, privately owned business or a publicly owned business. The only caveat is the business should have been founded after November 29, 1990.
In case the foreign investor wants to invest in a business established prior to November 29, 1990, the investment should result in a 40 percent increase in the number of employees.
Usually, immigrant investors prefer investing through EB-5-approved regional centers, as the business does not require the investor to manage it on a day-to-day basis. Also, the investment amount is lower compared to investing as an individual.