If the principal investor dies, can the spouse continue the process?

The answer depends greatly on the stage the process is at when the death occurs. Because the EB-5 is built on the investment and the project structure, the timing of the principal investor’s passing has a significant bearing on whether the dependents’ petition can continue.

If the death occurs at a preliminary stage, before the petition has been approved or the conditions have been met, it tends to be more difficult for the spouse or other dependents to carry on with the same petition, since the economic and operational foundation of the investment is compromised.

At a more advanced stage, however, such as when conditional residence has already been granted, there may be mechanisms that allow the spouse to seek continuity. In those situations, USCIS (U.S. Citizenship and Immigration Services) evaluates factors such as:

• Whether the investment requirements have been fulfilled.
• Whether the contractual and operational obligations of the project remain guaranteed.
• Whether the benefit generated continues to be in compliance with the program.

Because this is a sensitive matter that depends heavily on the specific circumstances, seek specialized guidance and confirm the current procedures with the official source (USCIS) to understand the options available in your case.

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.