An eligible spouse accompanying as a derivative is not a separate investor merely by accompanying. Assess the principal’s qualifying investment and each relative’s eligibility separately.
Keep enterprise and family roles distinct
Joint financial involvement does not automatically establish a second principal case. The investor, spouse, sons and daughters and nonimmigrants are excluded from qualifying EB-5 workers. Eligible derivatives generally are the spouse and unmarried children under 21, with any applicable CSPA protection assessed on the individual facts.
School continuity is a family planning question, not an immigration eligibility question, but the family should still map each child's age against CSPA and visa-availability timing rather than assuming a specific school year determines when the immigration process must finish. Government charges are set on Form G-1055 and include the investor-petition fee, the removal-of-conditions fee and the additional fee the reform law directs to an integrity fund; consular processing adds Department of State charges for each family member. A filed petition confers nothing, so a family cannot rely on it to justify living in the property, and a household member already lawfully present under some other basis remains governed by that basis rather than by the investment.