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WELLESLEY · EB-5 FIELD GUIDE

Does including eligible derivatives require ten additional jobs for each relative?

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THE DIRECT ANSWER

Accompanying eligible derivatives are not separate investors merely because they join the principal.

Keep family and investor counts distinct

Assess actual derivative eligibility and any CSPA issue individually. Filing does not automatically freeze age, and family members’ own work does not automatically become qualifying project employment. Eligible derivatives generally are the spouse and unmarried children under 21, with any applicable CSPA protection assessed on the individual facts.

Government fees are set out in the USCIS fee schedule, Form G-1055, and include the I-526 petition fee, later the adjustment or immigrant-visa fees for each family member, and the I-829 fee; the EB-5 Integrity Fund fee applies to regional-centre investors rather than direct investors. The Child Status Protection Act addresses part of that gap for some applicants by allowing certain periods to be subtracted from a child's age, and whether it helps a particular family is a question for counsel rather than an assumption. Book a session where the child's circumstances are the agenda rather than a footnote to the investor's petition, and cover their education timeline, any employment, marriage plans, and current visa history.