Can the EB-5 be done as a marital partnership?

The EB-5 visa was created to attract foreign investors who wish to contribute to the United States economy through significant investments. In this context, many couples wonder if it is possible to make the investment jointly or take advantage of the marital partnership to achieve the program’s objectives.

In general terms, the EB-5 program allows a spouse who is not the principal investor to be included as a derivative beneficiary. This means that when one party makes the investment and meets the requirements – such as the minimum capital investment and the creation of jobs – the other spouse, as well as dependent children, may be eligible for the visa based on the marital relationship. Thus, in practice, a couple can indeed rely on the marital partnership, but it is necessary that the investment structure comply with the program’s requirements.

If the couple chooses to invest together, it is essential that the total amount allocated for the investment meets the requirements established by the program. Furthermore, the lawful source of the funds must be clearly and documentedly demonstrated, as well as the plan for job creation in the United States. It is important to highlight that even when both spouses participate in the investment, one of them must be the principal investor to be the formal responsible party before USCIS, while the others may be included as dependents.

It is always essential to follow United States immigration laws and maintain a diligent attitude throughout the entire process. There is a lot of information available on the internet, but it does not always come from reliable sources. Therefore, it is wise to seek advice from professionals or specialized companies (always being cautious about promises of guaranteed results) and avoid proposals that sound like scams or excessively optimistic marketing campaigns.

In summary, the marital partnership can be considered both in the sense of including the spouse as a derivative beneficiary and in co-structuring the investment. The important thing is to organize the financial contribution and documents in a way that fully meets the legal requirements, contributing to a transparent and well-structured 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.