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OAK BAY · EB-5 FIELD GUIDE

Must every EB-5 investor personally operate the business each day?

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THE DIRECT ANSWER

The requirement can be met through qualifying management or policy-formulation participation under the applicable rules.

Review the real rights rather than the label

Qualifying limited-partner rights may matter. Do not assume either that a limited partnership is automatically sufficient or that every investor must take a full-time operational job.

The reduced EB-5 capital amount applies to investments in a targeted employment area or a qualifying infrastructure project, and neither status follows automatically from a project being rural or geographically remote. Genuine job sharing is distinct, and direct versus regional-center evidence differs; the report’s label alone does not settle the investor’s showing. An administrative fee paid on top of the capital is a cost; a fee deducted from the capital before it reaches the job-creating enterprise raises the question whether the full qualifying amount was actually invested, and counsel should review that structure. For a direct EB-5 restaurant the investor must therefore design an operation with at least ten year-round full-time roles: kitchen, service, management and administration, each documented by payroll and Form I-9 records. On jobs, each investor must support at least ten qualifying full-time positions; you, your spouse and your children are not counted, and permitted counting methods differ between direct and regional center cases.