Can an EB-5 investor have foreign partners without a visa?

Yes. The presence of foreign partners without a visa does not prevent the principal investor from proceeding with an EB-5 petition, as long as all program requirements are fully met.

In practice, a business venture may bring together multiple investors, with or without a visa. What matters is that the EB-5 petitioner’s investment is genuinely at risk (real and committed capital) and contributes to the job creation required by the program for workers in the United States.

The key consideration is the ownership structure: the agreements must clearly define the division of responsibilities and each party’s participation, so that the EB-5 investor’s compliance with program requirements can be demonstrated and the lawful source of funds properly documented.

Since every arrangement has its own specifics, it is worth designing the partnership carefully, checking the current rules with USCIS, and consulting a specialist before structuring the investment.

About the author

Victoria Harper

Editor-in-Chief

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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.