In the DUNIYAEB5 program, an investor country of birth is used as the "country of chargeability". This determines which nation will be used for visa number/priority date purposes. Under regular circumstances, an EB5 applicant cannot change their country of chargeability. However, in married couples, "cross-chargeability is allowed when the principal applicant spouse is born in a different country than the main applicant. This allows an investor to be "charged" to their spouse birth country instead of their own. It is important to note that cross-chargeability cannot be used to charge the parent with the child country of birth. Cross-chargeability can be extremely beneficial to married couples when the principal applicant s birth country is experiencing visa retrogression. By using their spouse birth nation as their country of chargeability, an EB5 applicant and their immediate family members can avoid backlogs and obtain visas faster.

Typically, if one spouse generates the funds used in the investment, they are the primary applicant. However, this is not necessary. As for the source-of-funds, the personal assets of one spouse or both can be included in the investment - their assets are interchangeable. When deciding which spouse will serve as the principal EB5 applicant, a couple should consult an experienced DUNIYAEB5 immigration attorney. This can help determine the best course of action and ensure a smooth and efficient application process.