Can my wife open the company in her name and I be just an investor?

The EB-5 visa program has specific rules and can be an interesting path for investors wishing to immigrate to the United States, but it’s important to fully understand the options and legal requirements to avoid future complications. Each case is unique, and planning the investment and business structure must be done with great care and attention to immigration laws.

Regarding your question, in many situations, it is feasible to structure the business so that your wife is the owner of the company while you act as the investor. However, this will depend on various factors, such as the chosen corporate form, the level of control and involvement of the partners in the business, and how the participation structure is organized.

It is essential to ensure that the investment meets the specific requirements of the EB-5 program, such as job creation and capital injection into a qualified enterprise. It is also important to highlight that U.S. immigration regulations are quite strict. Any improper structuring or inconsistencies in records can negatively impact both the immigration process and business procedures.

Therefore, always make sure that all measures comply with regulations and seek specialized assistance to structure participation correctly and legally. Furthermore, it is prudent to obtain information through official sources and specialized agencies to avoid falling into traps, scams, or promises of guaranteed results.

A thorough and planned analysis can help make decisions that are safe, both regarding the investment and compliance with program requirements. Remember that, although the idea may be feasible, consulting professionals with experience in immigration and business law is essential to structure your case in a way that respects all applicable laws and ensures greater security in the process.

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.