Providing funds does not create derivative eligibility. EB-5 derivatives may include a qualifying spouse and unmarried children under 21, subject to individual eligibility and applicable age rules; a parent is not included simply as the funder.
Separate the provider’s role from the household application
Identify who is the investor and who seeks immigration benefits. Do not promise a donor residence through the transfer or assume a child’s age is frozen when the gift is signed. Immigrant derivatives generally accompany or follow the principal, rather than entering first on that basis.
Track your spouse's and children's status separately from yours, including expiry dates and school enrolment conditions. Build the age review from the actual birth date, petition dates, visa availability and relevant actions under the applicable age-protection rules. Immigrant-visa derivatives enter with or after the principal; an appraisal does not provide work permission or a common admission date. Qualifying employment must consist of ten full-time positions for eligible US workers under the applicable methodology; the investor, spouse, sons, and daughters are excluded from that count. Conditional residence planning applies to each qualifying family member, but relationship and age evidence still must be complete. Choosing the spouse whose chargeability is current can protect a child close to 21.