Can I apply for EB-5 with a same-sex spouse without issues?

Yes. Under the EB-5 program, a same-sex spouse has exactly the same rights as any other spouse. Same-sex marriage is recognized in the United States, and the program treats these couples on equal footing with opposite-sex couples.

In practice, the principal investor can include the spouse in the petition as a derivative beneficiary. The key requirement is proving the legal validity of the marriage, whether under the laws of the place where it was celebrated or through recognition in the United States.

• Same-sex spouses are included as derivatives, just like any other spouse.
• You must demonstrate that the marriage is legally valid.
• The same general EB-5 requirements apply, with no additional conditions based on the type of union.

As with every other aspect of EB-5, the process requires careful attention to investment documentation and job creation. Confirm the current requirements at the official source (USCIS) and seek specialized guidance to navigate the petition safely.

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.