Can a spouse be a co-owner of the business in EB-5?

Yes, in EB-5 a spouse can appear as a co-owner of the business. What matters is not the family relationship itself, but that the investment structure is organized in a way that meets the program’s requirements.

When the investment is made jointly, it is essential to clearly document the lawful source of funds and each investor’s participation. The capital must effectively be at risk, and the spouse’s ownership interest must be structured within the applicable rules, so as not to raise questions during the USCIS review.

• Co-ownership by a spouse is possible when properly structured.
• The source of funds and the division of ownership must be documented.
• Capital must remain at risk, as with any EB-5 investment.

Since each business model has its own particularities, it is advisable to structure the investment with specialized guidance and verify the updated rules at the official source (USCIS) before finalizing the ownership arrangement.

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Victoria Harper

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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.