Do not treat the principal-investor role as every family member’s filing role. Identify the intended principal and eligible derivatives, with their own applicable process and admissibility assessment.
Separate the investment role from family eligibility
An eligible spouse or child does not obtain status simply by attending a project meeting or contributing funds. Immigrant-visa derivatives generally enter with or after the principal. Review a child’s age and any protection using individual facts and dates. The investor’s governance documents do not themselves resolve the family’s immigration eligibility or authorization. Derivative eligibility concerns an eligible spouse and unmarried children under 21, subject to the actual applicable child-age protection assessment.
A family member with a pending case can be affected by an age change or a marriage before the case concludes; someone already granted permanent residence is not automatically stripped of it because of a birthday or a wedding. Where the adviser cannot yet conclude because a fact is missing, such as a prior petition, a marriage record, or a country of birth, identify who obtains that fact and by when, then decide whether the investment proceeds before or after the answer arrives.
- USCIS — EB-5 investor program
- USCIS — business and investment visa overview
- USCIS — Child Status Protection Act
- Department of State — Visa Bulletin
- USCIS — fee schedule
- EB-5 engagement through managerial control or policy formulation, 8 CFR 204.6(j)(5)
- Current EB5 capital statute; not obsolete regulatory thresholds