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SAINT-ISIDORE · EB-5 FIELD GUIDE

Can my spouse’s volunteer role in the initiative establish derivative EB-5 eligibility?

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THE DIRECT ANSWER

No. A role supporting the mission does not establish the qualifying relationship or complete the immigration process. Evaluate any proposed activity under the person’s actual status.

Use the family criteria rather than the volunteer title

A qualifying spouse and unmarried children under 21 may seek derivative status subject to individual requirements and applicable age rules. Neither volunteering nor donating confers that status or permission for an activity that otherwise requires authorization.

Record the child’s birth date and marital status, together with the relevant petition and visa-process events. A successful investor and their derivative family are admitted to conditional permanent residence for two years. A project distribution does not establish their permission to work or enter, and immigrant-visa derivatives enter with or after the principal. Qualifying full-time work is generally at least 35 hours weekly; investor, spouse and children are excluded, and direct/regional-center methods differ. A child who is married or clearly beyond the protected age cannot be a derivative and would need their own immigration route. A child close to 21 should have the age-protection calculation reviewed before filing, because it depends on petition pendency and visa availability rather than on hope.