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MARKSTAY-WARREN · EB-5 FIELD GUIDE

Does receiving money from a parent make that parent an EB-5 dependent?

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THE DIRECT ANSWER

No. Derivative eligibility generally covers a spouse and unmarried children under 21, subject to applicable CSPA rules. A parent does not become a derivative because they funded the investment.

Separate donor participation from household eligibility

List the donor’s financial role separately from the people seeking immigration benefits. Review each eligible child’s actual dates and marital status rather than assuming investment or filing automatically freezes age. For immigrant-visa entry, derivatives must arrive with or after the principal. If the donor wishes to move as well, any possible independent route needs its own assessment; the gift supplies no automatic entitlement.

As conditional residents they may work for any employer, so the spouse can manage the hauling company's office or drive, but the statute excludes the investor's spouse and children from the count of qualifying employees, so their positions add nothing to the ten. A child who reaches twenty-one during the process can lose eligibility, although provisions exist that may protect a child’s age in defined circumstances, and those provisions have to be checked against the particular timeline. Record each family member's country of birth as well, since chargeability generally follows birthplace rather than residence or passport and can change the waiting picture materially.