Can I have an American partner who is not part of the EB-5?

Yes. Having an American partner who is not formally part of the EB-5 is generally viable, as long as the immigrant investor qualification rests on the foreign national and the business meets the program requirements.

The EB-5 was created to attract foreign investment that generates economic development and jobs in the United States. What matters for your petition is that the required capital and job creation are attributable to your investment, with the lawful source of funds properly documented.

A local partner may participate in the operation or management of the business without jeopardizing the process. The key point is the ownership structure: it must make clear that your status as an EB-5 investor is supported by your own funds and compliance with the program goals.

• The American partner may contribute to the management or operation of the business.
• The capital and jobs that qualify the petition must come from the foreign investor.
• The ownership structure must be designed so as not to undermine the investment.

Since each arrangement is analyzed on a case-by-case basis, it is worth verifying the current requirements with USCIS and structuring the partnership with the support of a specialist before investing.

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.