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CANDIAC · EB-5 FIELD GUIDE

Do two spouses named in the sale need two separate EB-5 investments?

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THE DIRECT ANSWER

The sale’s ownership structure does not itself determine the immigration structure. Assess who applies as principal, how the capital becomes that investor’s qualifying contribution and whether the spouse will seek derivative status.

Explain funding rights and family eligibility separately

A qualifying spouse and unmarried children under 21 may be derivatives, subject to individual eligibility and applicable age rules. Do not assume either spouse may use all proceeds without explanation, or that a child’s age is automatically protected by signing the sale. Immigrant derivatives generally enter with or after the principal.

Sit down with the actual dates: each child's birth date, the projected filing, and the visa availability that applies to your chargeability, which commonly follows country of birth. Ask counsel whether the quote covers the investor petition, the consular or adjustment stage for every family member, and the removal-of-conditions stage two years later, or only the first of those. The Child Status Protection Act can freeze a child's age for part of the process, but the protection depends on the dates the petition is filed and approved and on visa availability, so a 19-year-old's coverage must be calculated, not assumed.

Full-time normally means at least 35 hours weekly, and investor, spouse and children are excluded as qualifying workers.