Can the EB-5 be structured through a trust fund?

Yes. It is generally possible to structure an EB-5 investment using assets held in a trust fund, provided the arrangement complies with the program’s requirements. The key issue is not the legal structure itself, but the ability to document everything the EB-5 demands regarding the source and use of the funds.

To meet that standard, the trust documentation must clearly show that the investor has effective control and access to the funds at the time of transfer to the approved project, and that the capital comes from lawful and traceable sources. The way the trust is set up directly affects the ability to verify the source of funds and to demonstrate that the capital is genuinely at risk, as the program requires.

• Lawful and traceable source of funds, with a clear documentary trail.
• Investor control over and access to the funds at the time of investment.
• Trust structure aligned with applicable immigration guidelines.

Because every trust has its own characteristics, building this structure without professional guidance increases the risk of problems during the documentation review. It is worth seeking specialized legal advice, being cautious of offers that promise guaranteed results, and verifying each step against the current rules.

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.