Are there differences in the EB-5 for same-sex spouses?

No. Under the EB-5, a same-sex spouse is treated exactly like any other spouse. What matters for U.S. immigration is the existence of a legally valid marriage, not the composition of the couple.

As a green card pathway through investment, the EB-5 allows the investor to include their spouse and dependent children in the same petition. This right extends to same-sex spouses, provided the union is recognized as a valid marriage in the place where it was celebrated, in line with the non-discrimination principle that guides the system.

• The same-sex spouse is included as a dependent, with no differential treatment.
• The central criterion is the legal validity of the marriage, proven through documentation.
• Dating or informal partnerships do not substitute a formal marriage for this purpose.

Since each case has its own documentary requirements, it is worth confirming updated requirements with USCIS or a specialist before assembling the family petition.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.