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CAMBRIDGE · EB-5 FIELD GUIDE

Does using a spouse’s account make the spouse a separate investor?

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THE DIRECT ANSWER

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.