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If your family is considering the U.S. EB-5 Golden Visa, one strategic decision to explore is filing the petition under your wife’s name. For many families, especially those in which the husband is the primary earner or tied to a demanding career, this approach can offer several distinct advantages. In fact, many families in the GCC region have successfully used this strategy without any prejudice to their application.

What is the EB-5 Golden Visa?

The EB-5 program is the Golden Visa equivalent for the United States, which allows families to obtain permanent residency and Green Cards through an investment. By investing $800,000 in a government pre-approved real estate project, investors can obtain U.S. Green Cards for themselves and their dependents, including their spouse and children under the age of 21.

Many families decide to file their EB-5 petition under the name of the spouse that is not the primary earner. Here are some key reasons why you might consider filing your EB-5 petition under your wife’s name:

Professional and Travel Flexibility  

Designating your wife as the principal applicant allows you to continue working in your home country uninterrupted. This is especially helpful for families where the husband’s professional commitments or travel schedules are demanding. While the EB-5 petition is under review, your wife and children can take advantage of concurrent filing, which grants them immediate access to live and work in the U.S. This allows the family to start benefiting from U.S. residency while the husband remains focused on his career, avoiding any disruption in work obligations.

Financial and Tax Strategy  

Filing an EB-5 petition under your wife’s name could present certain tax benefits depending on your family’s financial and tax planning goals. U.S. taxes primarily focus on income. If the primary applicant is in a lower income tax bracket than the spouse, filing under the wife’s name may help lower the overall tax burden. For instance, if the wife has fewer business activities or investments that generate taxable income, designating her as the principal applicant may keep taxable income levels lower. This allows for more efficient tax planning, especially if the other spouse continues working or earning income in a higher bracket. The husband can choose to delay his Green Card until he is finished with his work in the home country. These are general principles of taxation and should not be construed as tax advice.

Family Derivative Benefits  

The EB-5 program extends Green Cards to the spouse and children under 21 as derivative beneficiaries. Filing under your wife’s name allows your entire family to receive U.S. residency without shifting your professional or personal responsibilities drastically. This strategy also allows the husband to focus on his professional growth while the wife manages the EB-5 process, striking a balance between career progression and family immigration goals.

Contact Our Team

With over a decade of experience in the EB-5 program, we will serve as your active guides throughout your family’s EB-5 journey. If you have any questions about the EB-5 program and the benefits of filing your petition under your spouse’s name, feel free to contact us for a complimentary consultation.

Join Our Upcoming Seminar  

We regularly host seminars in Dubai to provide information on the EB-5 program. Join our next seminar on Sunday, November 17th, where we’ll provide more detailed guidance on this and other strategies. Spaces are limited, so register now to secure your spot!