Separate principal investments should not be described as one principal’s case merely because the investors are married. Clarify the actual application structure and requirements.
Decide which people are principals and which are derivatives
An eligible spouse and unmarried children under 21 may seek derivative status, subject to the actual case and any applicable age protection. A derivative family role does not itself require a second principal investment. Conversely, choosing two principal cases requires analysis of each; the marriage does not merge their capital and job showings automatically.
Record birth dates, the petition filing history, and each family member's intended activities, then have counsel apply the CSPA calculation to the actual facts rather than relying on a general rule of thumb. Each family member’s file holds that person’s own eligibility evidence: passport, civil documents establishing the relationship, and material addressing admissibility, with certified translations where an original is in another language. Book a session where the child's circumstances are the agenda rather than a footnote to the investor's petition, and cover their education timeline, any employment, marriage plans, and current visa history.
- USCIS — EB-5 investor program
- USCIS — business and investment visa overview
- USCIS — Child Status Protection Act
- Department of State — Visa Bulletin
- USCIS — fee schedule
- Current EB-5 capital and eligibility statute — 8 USC 1153(b)(5)
- USCIS — I-829 instructions
- Direct qualifying employees and full-time positions