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

Yes, the EB-5 accommodates the reality of a couple well. The program allows the spouse who is not the principal investor to be included as a derivative beneficiary, and the same applies to dependent children within the program’s limits.

In practice, when one party makes the investment and meets the requirements, the other spouse and the dependents can obtain the benefit based on the family relationship. The couple can also structure the contribution jointly, provided the total amount meets the program’s requirements.

There is an important point: even when both parties participate financially, one of them must be listed as the principal investor, that is, the party formally responsible before USCIS. The others enter as dependents linked to that petition.

• The spouse and dependent children may be derivative beneficiaries.
• The couple may combine the investment together.
• One of the spouses takes on the role of principal investor.

Since every family and financial arrangement has its own particularities, it is worth documenting the lawful source of funds carefully and confirming the updated requirements with USCIS or a specialist before deciding on the structure.

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.