Joint ownership alone does not decide who applies as principal or how funds become qualifying capital. A qualifying spouse and unmarried children under 21 may seek derivative status through a principal, subject to individual eligibility and applicable age rules.
Explain the funding arrangement separately from the family category
Do not assume two names on the sale mean two investor petitions, or assume either spouse may use the whole proceeds without explanation. Derivative relatives are not separate investors solely because they accompany, and the investor’s spouse or children cannot count as that investor’s qualifying EB-5 workers.
The Child Status Protection Act freezes a child's age by subtracting the time the petition was pending from the age at visa availability, but it does not subtract time spent waiting for a visa number in a backlogged category. The Child Status Protection Act addresses part of that gap for some applicants by allowing certain periods to be subtracted from a child's age, and whether it helps a particular family is a question for counsel rather than an assumption. The Child Status Protection Act can preserve eligibility in defined circumstances, and it is technical enough that it should be assessed at the outset rather than when the birthday approaches.