Spouses can combine funds, such as salary, to meet the required investment amount for an EB-5 application. However, only one spouse can be the primary investor.

The EB-5 program allows the primary investor to include their spouse and unmarried children under 21 to be a part of the application. If the investor and their dependents are in the US on nonimmigrant statuses (e.g., H-1B, H-4, F-1, TN, E-2, etc.), they can file concurrently for adjustment of status as well. Filing for adjustment of status entitles the investor and dependents to also file for an employment authorization document and travel document, which have processing times as fast as 4 to 6 months. This means the investor and their dependents can work and travel with more flexibility while their EB-5 petition is pending.

Once the investor’s I-526 or I-526E is approved, USCIS will adjudicate the adjustment of status application afterward. Once approved, the investor and their dependents will receive a conditional green card, which is valid for 2 years.

Before the conditional green card expires, the investor and their dependents will file to remove conditions. Once the removal petition is approved, they will be issued permanent green cards valid for 10 years.

The investor and their dependents will qualify for naturalization after being a permanent resident for at least 5 years (or 3 years if they marry a US citizen), amongst meeting other requirements. EB-5 investors can also sponsor additional family members, such as parents or siblings, for green cards after they become US citizens.

If you have questions regarding your eligibility for EB-5, please email us at rpatel@patellegal.com and jtrevino@patellegal.com.