An account name does not choose the immigration principal. Identify who owns the money and the lawful arrangement permitting its use, then identify who will petition as the investor and who may accompany as a derivative.
Document the transfer without changing the family roles
Put the account-holder record beside any genuine ownership, gift or loan documents and explain the transfer to the investor. An eligible spouse or unmarried child under 21 generally may seek derivative status without a separate investment; assess any CSPA issue on the individual facts. Do not use the spouse’s funding role to count family labour toward the job requirement: the investor, spouse, sons and daughters, and nonimmigrants are excluded from qualifying EB-5 workers. Financial participation, derivative eligibility and qualifying employment are three different findings.
Government filing fees for the immigrant petition, the residence application for each family member, and the later petition to remove conditions, all listed in the USCIS fee schedule; plus regional-center administrative fees, legal, accounting and translation costs. Tuition instalments, a lease renewal and a child's approaching twenty-first birthday fall on fixed days that no project schedule will move, and the derivative rules include fact-specific age protection that turns on the case's own dates.
- USCIS — EB-5 investor program
- USCIS — business and investment visa overview
- USCIS — Child Status Protection Act
- Department of State — Visa Bulletin
- USCIS — fee schedule
- 8 USC 1153 — current investor capital and restrictions
- 8 CFR 204.6 — employment definitions and participation; capital amounts superseded by statute