Questions & Answers

Who should be the main EB-5 applicant?

We are a husband and wife applying for EB-5. Which of us should be the main applicant? Does it make a difference in the application processing?

Answers

• Xiaosheng Huang

  Immigration Attorney

  Answered on May 20, 2016

  Either can be the principal applicant. There is no difference.

• Abhinav Lohia

  Immigration Attorney

  Answered on May 19, 2016

  From an immigration perspective, it does not matter who is applying. However, it depends on the personal circumstances of a couple. You may have time constraints as to who can move to the United States to stay here for the recommended period. Also there are tax considerations.

• Barbara Suri

  Immigration Attorney

  Answered on May 4, 2016

  It is entirely up to you as who should be the primary applicant. The primary applicant would file the I-526, but the derivative spouse and the primary applicant may both file for the green cards at the same time. There is no difference to the application process.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on April 27, 2016

  It does not matter which of you is designated as the primary applicant.

• Julia Roussinova

  Immigration Attorney

  Answered on April 27, 2016

  A spouse that generates a legal source of traceable funds is generally the one who should be the principal investor and the other spouse (and any unmarried children under age 21) will be included in the principal's I-526 petition. It is highly recommended that you contact an experienced EB-5 immigration attorney to discuss the specifics and plan the most viable option.

• Raymond Lahoud

  Immigration Attorney

  Answered on April 27, 2016

  It does not make a difference. The person should be the one who is investing the money.

• Salvatore Picataggio

  Immigration Attorney

  Answered on April 27, 2016

  It does not, but the applicant has to be the one making the investment. Sometimes the funds are gifted between spouses to make this work.

• John J Downey

  Immigration Attorney

  Answered on April 27, 2016

  It makes no difference in the process. However, once you obtain a green card, you are subject to listing your worldwide sources of income to the IRS. For that reason, many people prefer to have the wife act as the investor.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on April 26, 2016

  It usually does not matter if the marriage is on community of property, although spouses can gift funds, if the principal applicant is not the primary source.

• Jeff Khurgel

  Immigration Attorney

  Answered on April 26, 2016

  The person from whom funds are most easily traceable would be the best principal applicant.

• Vaughan de Kirby

  Immigration Attorney

  Answered on April 26, 2016

  Generally there should be no difference in the processing. However, I would recommend that you review this with your investment immigration attorney to see that you reach your personal immigration goals.

• Ian E Scott

  Immigration Attorney

  Answered on April 26, 2016

  Either could be the applicant. Once the I-526 has been approved, then you will both get green cards. You may want to consider the clearer path to source of funds and also possible travel to the United States (e.g. if one of you travels to the United Stattes during the I-526 adjudication process) in your decision also.

• Lynne Feldman

  Immigration Attorney

  Answered on April 26, 2016

  It does not matter who is the principal as you will each benefit equally.