Step 7: Proof of Management

Show that the petitioner is or will be engaged in the management of the new commercial enterprise, either through the exercise of day-to-day managerial control, or through policy formulation, as opposed to maintaining a purely passive role in regard to the investment by:

  1. A statement of the position title that the petitioner has or will have in the new enterprise, and a complete description of the position’s duties;
  2. Evidence that the petitioner is a corporate officer or a member of the corporate board of directors; or
  3. If the new enterprise is a partnership, either limited or general, evidence that the petitioner is engaged in either direct management or policy-making activities.  If the petitioner is a limited partner, and the limited partnership agreement provides the petitioner with certain rights, powers, and duties normally granted to limited partners under the Uniform Limited Partnership Act, the petitioner will be considered sufficiently engaged in the management of the new commercial enterprise for EB-5 purposes.