Treat the distributions as uncertain income. Nothing in EB-5 guarantees a payment schedule, and stopping payments does not by itself change anyone's immigration position. Rebuild the household budget so that a missed quarter affects tuition planning only, not your ability to keep the investment in place.
Separating household cash flow from the immigration file
Review the next tuition deadlines against cash available outside the project. If a spouse’s earnings are part of the backup plan, confirm their actual work authorization or permanent resident status; an EB-5 petition alone does not authorize employment. Obtain an explanation for the stopped distributions, because an ordinary change in payment policy and a project failure raise different questions about both the household budget and the immigration evidence.
A qualifying spouse and unmarried children under 21 may seek derivative immigration benefits, subject to individual eligibility and applicable age rules. If your spouse or child manages the business you are buying, exclude that position from your qualifying count and document the remaining positions. Eligible derivatives accompany or follow the principal without making a separate qualifying investment. The investor's spouse and unmarried children under 21 may immigrate as derivatives, but adult children cannot be added simply because the family pays the investment.