Can I use a guarantor for the EB-5?

No. The EB-5 program was designed so that the investor personally places their own capital into the enterprise, demonstrating a genuine commitment to the project. For this reason, a guarantor cannot take the place of the required investment.

The logic of the program is that the funds invested must belong to the investor petitioning for the visa and must have a lawful and documentable source. A guarantor fulfills a role of financial backing or support, but does not establish that the invested money belongs to the applicant or that the applicant is directly engaged in the business.

This does not mean the capital structure needs to be simple. What matters is that the flow of funds to the investment is transparent and traceable, and that the capital genuinely belongs to the investor rather than representing an obligation assumed by a third party on their behalf.

• The capital must come from the investor, not from a guarantor.
• The source of funds must be lawful and verifiable.
• A third-party guarantee does not demonstrate the personal commitment the program requires.

If you have questions about how to properly structure the origin and contribution of your funds, seek specialized legal counsel and confirm the current requirements with USCIS before proceeding.

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.