In case of the principal investor’s death, can the spouse continue the process?

The EB-5 program was developed to attract foreign investments that create jobs in the United States, offering investors the possibility of obtaining conditional residence. Because of this, the investment itself and the structure of the business project are central points for the success of the process.

Thus, the death of the principal investor can raise important questions about the continuity of the residence petition for dependents, such as the spouse. Generally, the EB-5 requires that the investment be made and maintained in a way that fulfills the conditions that justify not only job creation but also the validity of the petition.

If the principal investor passes away at an early stage of the process (before the petition has been duly approved or the conditions have been met), there may be difficulties for the spouse or other dependents to continue the same petition, as the economic and operational basis of the investment has been compromised.

However, if the principal investor has already reached an advanced stage – for example, if conditional residence status has already been granted – there may be mechanisms that allow the spouse to seek continuation of the process. In these situations, some details will be evaluated by the US Citizenship and Immigration Services (USCIS), such as whether the investment requirements have been properly met, whether the contractual and operational obligations of the project are guaranteed, and whether the benefit generated remains in compliance with the program’s requirements.

Each case indeed has its particularities and, therefore, individual analyses are essential. It is worth emphasizing that the complexity of this issue reinforces the importance of closely following United States immigration laws. Seeking detailed and up-to-date information from official sources, as well as relying on the support of specialized professionals (always taking care to avoid unfounded offers and promises of guaranteed results), are recommended practices for those involved in this type of process.

Remember: each case may present specific circumstances that will influence the final decision of the immigration authorities. Therefore, knowing the legal requirements and following the procedures correctly is fundamental to ensure that, even in unforeseen situations such as the loss of the principal investor, the process can be adequately reevaluated-always in accordance with US immigration laws.

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.