Eligible derivatives are not separate investors merely by accompanying. Their immigration eligibility is distinct from the project’s per-investor job analysis.
Keep derivative and worker categories apart
The investor, spouse, sons and daughters and nonimmigrants are excluded from qualifying EB-5 workers. A relative’s investment interest or household plan does not erase those distinctions. Eligible derivatives generally are the spouse and unmarried children under 21, with any applicable CSPA protection assessed on the individual facts.
Whichever route is chosen, the sequence runs from investor petition to an immigrant visa abroad or eligible adjustment, subject to visa availability, then conditional residence and a later petition to remove conditions, ordinarily filed in the ninety days before the second anniversary. Raise any child approaching twenty-one with counsel at the first meeting, because the analysis of how age is calculated in these cases is technical, depends on the specific filing history, and can influence how quickly the family wants to move. Government charges attach to the investor petition, to adjustment of status or consular processing for each family member, and again to removing conditions two years later; Form G-1055 is the reference and should be checked when each stage is reached.