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BROSSARD · EB-5 FIELD GUIDE

Can my spouse be the named manager while I am the EB-5 investor?

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THE DIRECT ANSWER

Your spouse may be appointed to manage a hypothetical Florida hotel company, but must have appropriate authorization before performing work in the United States. Their role does not replace your own required participation in the enterprise or your qualifying investment. Eligible family members may seek derivative residence through your case.

A spouse's management role does not carry the principal's eligibility

Two separate points follow. First, jobs held by you, your spouse or your children do not count toward the ten qualifying positions, although other relatives are not excluded by that rule. Second, derivative status depends on the relationship, admissibility and, for a child, fact-specific age protection — a twenty-two-year-old is not automatically covered. Confirm both with counsel before you allocate roles in the company.

The sequence runs from petition to visa availability, then an immigrant visa abroad or a lawful adjustment where the person is eligible and a visa number is available, then conditional residence, and later Form I-829, filed during the 90-day period immediately before the second anniversary. Preserve the immigrant visa or adjustment approval, admission record and resident card for every derivative because family start dates can differ. What the family can do is file as early as the loan and project documents allow, keep the child unmarried until the process concludes, and calendar the one-year window carefully.