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MARKSTAY-WARREN · PLANNING GUIDE

Keep a donor, a corporate sponsor and an eligible relative on different lists

USAvisa field guide · 2 minute readReviewed 7 September 2026

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THE SHORT ANSWER

A family’s financial support can involve people who are not applying for any immigration benefit. A Markstay-Warren household should identify who gives money, who sponsors employment and who seeks status. A person’s role on one list does not establish a place on another.

01

Establish relationships before adding applicants

Dependent family categories generally concern a spouse and unmarried children under 21, with applicable immigrant age protection requiring case-specific review. A parent who gives EB-5 funds does not become the investor’s derivative, and financial dependence alone does not establish child eligibility. Record the actual relationship and case dates. CSPA is not a blanket promise that paying or filing freezes every child’s age.

02

Assign work only after checking each person’s permission

TD does not authorize employment. Qualifying spouses in appropriate E or L status may work incident to status with the necessary evidence; children do not inherit that permission, and an EAD is not universally required for the qualifying spouse. If a relative appears in a business staffing plan, review that activity separately. For EB-5 job counting, the investor, spouse and sons or daughters are excluded, and nonimmigrant employment authorization alone does not create a qualifying employee.

03

Match money and travel to the actual included household

Gold Card adds US$1 million and US$15,000 nonrefundable processing for each eligible included spouse or unmarried child under 21, including corporate cases. The FAQ recommends initial inclusion for those intending to join; a corporate replacement does not automatically transfer another household’s benefits. For immigrant-visa travel, the principal enters before or with derivatives. Neither a donor’s transfer nor an employer’s contribution establishes residence or guarantees that everyone receives a decision together.

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