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MASCOUCHE · EB-5 FIELD GUIDE

Does my qualifying EB-5 investment guarantee my child can immigrate with me?

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THE DIRECT ANSWER

No. The child must meet the applicable derivative requirements, including the relevant age rules. Assess that individual question separately from the principal’s investment eligibility.

Do not make a family promise from the capital amount

The general derivative category concerns unmarried children under 21, with applicable age protections assessed on the facts. Neither a large investment nor a project’s family-friendly description establishes a particular child’s result.

The requirement is at least ten full-time positions for qualifying U.S. workers, attributable to each individual investor, created within the required period. Identify the actual capital invested by the applicant rather than the project’s total value alone. The immigrant investor category admits the investor and family as conditional permanent residents for two years, and the conditions are removed only on a petition showing that the investment was made, sustained and produced the required employment. A direct EB-5 investment counts only full-time employees on the enterprise's payroll who are qualifying U.S. workers. The file must trace lawful source and path, keep capital at risk, support ten full-time qualifying U.S. jobs, and provide the investor a management or policy role. At-risk means there is no guaranteed return of capital and no arrangement that repays the investor regardless of outcome.