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PARKLAND COUNTY · EB-5 FIELD GUIDE

Can another joint account holder join the EB-5 case automatically?

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THE DIRECT ANSWER

Financial involvement does not itself establish derivative eligibility.

Separate contributors from eligible relatives

A spouse and unmarried children under 21 may generally seek derivative status, subject to applicable age-protection and other rules. A parent, sibling or other contributor does not become a derivative solely by supplying funds. Review the actual relationship and each person’s immigration plan.

Analyze three issues separately: the principal investor’s policy or management participation, each relative’s derivative eligibility, and which employees count toward job creation. Separate principal investors need their own qualifying petitions and investments assessed, while eligible derivatives follow the appropriate family process rather than being presumed additional principal investors. Distinguish relatives who already hold conditional residence from those whose immigrant cases remain pending, and review the project change’s implications for both groups. Conditional residence itself is held by each family member, and the eventual petition to remove conditions covers them, so the household's status moves together through the second stage. Record each family member's country of birth as well, since chargeability generally follows birthplace rather than residence or passport, and relatives do not necessarily share the same one.