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

The EB-5 program, created to encourage investments that generate jobs in the United States, allows the participation of foreign investors in business ventures that meet specific criteria. In this context, the presence of foreign partners without a visa does not prevent the main investor from proceeding with the EB-5 visa application, as long as the program’s requirements are strictly met.

In practical terms, an EB-5 investor can structure the enterprise with the participation of other investors, regardless of whether they have a visa or not. The essential point, however, is that the total investment complies with the criteria established by the program, such as the ‘at risk’ condition (real and committed investment) and the creation or preservation of at least 10 jobs for American workers.

The participation of foreign partners should be planned in a way that does not compromise this structure and the investment’s goals. It is critical to pay attention to the corporate organization and the contractual agreements governing each investor’s participation.

If partners who do not have immigrant status in the United States are included, it is necessary that the project’s financial and administrative structure clearly maintains the division of responsibilities and ensures that the EB-5 investor meets all the legal requirements. Transparency in this organization is indispensable to avoiding future complications in the immigration process.

Finally, it is worth reiterating the importance of strictly following United States immigration laws and seeking guidance from qualified specialists. Always consult professionals with proven experience on the subject and be wary of easy promises or miracle solutions, as they may actually hide risks and fail to provide the necessary security for your investment. This caution is essential to avoid complications and to ensure that your application within the EB-5 program is fully compliant with the law.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.