No. The investor, spouse and children do not count as the qualifying workers for the EB-5 job requirement. A family member’s proposed role should therefore be separated from the qualifying employment calculation and from their own immigration status.
Keep family participation and derivative eligibility distinct
An eligible spouse and unmarried child under 21 may have derivative options, subject to the applicable requirements and any case-specific age protection. The principal generally enters before or with immigrant derivatives. Neither the family relationship nor work in the business alone grants status. Clarify each person’s expected activities, timing and eligibility without counting their proposed job toward the required ten.
Government filing fees for the immigrant petition, the residence application for each family member, and the later petition to remove conditions, all listed in the USCIS fee schedule; plus regional-center administrative fees, legal, accounting and translation costs. CSPA can subtract the time the petition was pending from the child's age in some circumstances, but the calculation depends on the petition's timeline and on visa availability, so a child who is nineteen at filing is not automatically protected. 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.