In case of a dispute between partners, who is responsible for the EB-5?

As a rule, the person responsible for the EB-5 is the investor who formalized the investment and assumed the commitments before the immigration authorities. The documentation, proof of investment, and job creation required by the program are all tied to that individual, regardless of the corporate structure behind the business.

A dispute between partners does not automatically transfer that responsibility to the others. The obligation to fulfill the EB-5 terms remains with whoever appears as the investor in the USCIS petition. What may vary are the internal relationships within the company: partnership agreements and contracts typically define roles, responsibilities, and dispute resolution mechanisms, and analyzing those documents will indicate whether any joint liability exists or whether everything falls on the petitioning investor.

In practice, the risk of a corporate dispute is that it draws the attention of authorities and disrupts the immigration process. A clear, well-documented structure helps mitigate that.

Before investing with partners, it is worth conducting thorough due diligence, clearly defining responsibilities in the contract, and seeking specialized legal counsel. Always confirm the updated rules at the official source (USCIS).

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.