Money set aside is simply not part of the qualifying capital, so the invested amount must still reach the applicable threshold on its own. Derivative eligibility for a spouse and unmarried children under 21 turns on the qualifying relationship, admissibility and visa availability — not on how the household divides the sale proceeds.
Reserved funds, and who can be included
Two separate questions get mixed together here. The financial one asks whether the remaining capital, traced on its own, still satisfies the threshold. The immigration one asks who qualifies as a derivative: each family member is examined individually for admissibility, and age protection for a child is fact-specific rather than a promised outcome. A 19-year-old can still be a derivative; a child who has turned 22 raises a different analysis.
The investor petition is followed by the applicable immigrant-visa or adjustment process, subject to individual eligibility and visa availability; petition approval alone is not residence. An eligible spouse and unmarried children under 21 may derive status with the investor; EB-5 permanent residence is conditional for two years, with Form I-829 filed in the 90 days before the second anniversary to remove conditions.
Full-time normally means at least 35 hours weekly, and investor, spouse and children are excluded as qualifying workers.