Can my wife open the company in her name while I am just the investor?

In many situations, yes. It is feasible to structure the business so that your wife is the company owner while you act as the investor under the EB-5 program. The program does not impose a single corporate structure, but it does require that the chosen arrangement be consistent and meet the category’s requirements.

In practice, viability depends on several factors: the corporate structure adopted, the level of control and involvement of each partner, and how the ownership interest is organized. The central point is that the investment must meet EB-5 requirements, particularly the deployment of capital into a qualifying enterprise and the creation of the jobs required by the program.

Because immigration rules are strict, any inconsistency between the declared structure and the actual business operations can jeopardize both the petition and the enterprise. Clear and consistent records showing who invests, who manages, and how capital flows make a difference in the review.

• It is possible to separate ownership and investment between spouses.
• The corporate structure and control must be clearly defined.
• The investment must meet the capital and job-creation requirements of EB-5.

Because this involves immigration and business law at the same time, it is worth structuring the case with specialized guidance and confirming the updated requirements with USCIS before formalizing the company.

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.