The investor’s spouse, sons and daughters are excluded from qualifying employees regardless of age. Other relatives are not automatically excluded, but must meet the applicable worker conditions.
Separate family eligibility from job evidence
Derivative eligibility generally concerns a spouse and unmarried children under 21, subject to applicable age protection. Being eligible to accompany the investor does not make that person a qualifying employee or grant present work permission.
Record birth dates, the petition filing history, and each family member's intended activities, then have counsel apply the CSPA calculation to the actual facts rather than relying on a general rule of thumb. When the petition is approved, each family member processes an immigrant visa at the consulate with State Department fees and a medical examination, or files for adjustment of status inside the United States with the USCIS fee.
- USCIS — EB-5 investor program
- USCIS — business and investment visa overview
- USCIS — Child Status Protection Act
- Department of State — Visa Bulletin
- USCIS — fee schedule
- 8 USC 1153(b)(5) — investor capital and adjustment provisions
- USCIS — Form I-829
- Current EB5 statute
- Direct employee and full-time definitions, not obsolete capital figures
- USCIS I829 instructions