Eligible derivatives do not become separate EB-5 investors merely by accompanying the principal. Identify actual investors and derivative eligibility separately.
Distinguish people counted for different purposes
A family member’s accompaniment does not make that person a qualifying worker for the principal’s job count. Review children’s relevant ages and immigrant eligibility individually. Eligible derivatives generally are the spouse and unmarried children under 21, with any applicable CSPA protection assessed on the individual facts.
Child Status Protection Act calculations can affect how a child's age is counted for this purpose, but investing or filing a petition does not, by itself, freeze a child's age, and visa availability and other conditions still matter. The principal investor’s petition and conditional residence process have defined derivative rules; relatives outside those categories need an independent immigration basis. Because the process runs for years, a child's eligibility can be lost simply through the passage of time, and the Child Status Protection Act allows certain periods to be subtracted from a child's age depending on processing and visa availability. Record relationship evidence, dates of birth, marital status where relevant, passports, and any prior immigration history for each intended derivative.