Can the spouse be a co-owner of the business?

The EB-5 program is an investment route that allows foreign investors, along with their families, to obtain permanent residence in the United States, provided that specific requirements are met. One of the most common questions is whether the spouse can be a co-owner of the business within the context of this program.

Yes, the spouse can be a co-owner of the business, as long as the investment structure is properly organized to meet the EB-5 requirements. When the investment is made jointly, it is essential that the entire source of funds and each investor’s participation are clearly documented to avoid issues during verification by immigration authorities. USCIS (United States Citizenship and Immigration Services) requires that the invested capital come from legal sources and that the investment be at risk, which means that the spouse’s ownership interest must be structured in a way that complies with all legal parameters.

Furthermore, in practice, many investors choose to include their immediate family members in the application, which can, in some cases, include the formal designation of the spouse as a co-owner, depending on the adopted business model. It is important that the ownership structure be configured transparently and in accordance with current laws, both related to investment and immigration rules.

It is worth emphasizing the importance of strictly following United States immigration law and seeking guidance from reliable sources. Avoid falling for unrealistic promises of results or marketing campaigns that guarantee approvals, as each process is unique and must be analyzed according to the investor’s specific situation. Consulting specialists in the area can help structure the investment correctly and prevent future problems.

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.