For the “Million Dollar” green card, or original EB-5 investment, the investor must be active in the management of the investment by engaging in the management of the new commercial enterprise, either through day-to-day managerial control or through policy formation.

For the Regional Center investor, however, the law does specifically allow that an investor will qualify as a “limited partner” as defined in the Revised Uniform Limited Partnership Act if the project meets all the regulation requirements by enrolling the investor in the investment as a limited partner. This role allows the investor to continue to engage in their own business without participating in the investment operations. Additionally, this allows the investor to live where he pleases, and gives him the option to enter and exit the United States without any obligation to manage the investment. Most importantly, the limited partner, like the corporate shareholder, is only liable to the enterprise to the extent of the agreed-upon investment.