Direct EB-5 Investment

What It Is

A direct EB-5 investment is a qualifying investment in a new commercial enterprise where the investor has a hands-on management role. The enterprise must directly create at least 10 full-time positions for qualifying U.S. workers — indirect or induced jobs do not count toward this requirement.

Why It Matters for Investors

Direct EB-5 gives investors more control over their business and immigration outcome, but it also carries more responsibility. The investor must demonstrate active involvement in management, produce a viable business plan, and track direct W-2 job creation with precision.

Review the fundamentals of direct and regional center investment on the EB5 Status program basics page.

Common Pitfalls

• Underestimating the direct job creation requirement — all 10 jobs must be W-2 positions
• Business plans that lack the economic analysis USCIS expects
• Failing to maintain the required level of managerial involvement
• Not structuring the enterprise correctly for EB-5 compliance from the outset
• Confusing direct EB-5 requirements with regional center rules

Questions to Ask Counsel

• How many direct EB-5 petitions have you successfully filed?
• Can you help evaluate whether my business idea meets EB-5 requirements?
• What is your approach to business plan preparation and job creation evidence?
• How do you handle the transition from conditional to permanent residence for direct investors?
• What are the key compliance milestones I should track?