My husband is the EB-5 applicant. Can I start my own business?

Yes. The fact that your husband is the principal investor in an EB-5 petition does not prevent you from pursuing your own entrepreneurial venture and opening another company. Both can coexist, as long as they remain properly separate.

The key point is clear separation between the enterprise supporting the EB-5 and your new business. Capital, accounts, management, and transactions must be kept distinct, so that no questions arise about the allocation of investment funds or compliance with program requirements.

If capital or management of the two companies become commingled, it can raise concerns during EB-5 compliance reviews. Keeping clear boundaries protects both your husband’s case and your own business activity.

• You can operate a business independently from your husband’s EB-5.
• Keep capital, accounts, and management separate between the two ventures.
• Commingling of funds can raise questions during compliance analysis.

Because this topic intersects immigration, business, and taxation, it is best to seek specialized guidance on both fronts and confirm the applicable rules before structuring your new company.

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.