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SAINT-PHILIPPE · EB-5 FIELD GUIDE

Can keeping my spouse on the acquired business’s payroll satisfy a qualifying EB-5 job?

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THE DIRECT ANSWER

The investor’s spouse and sons or daughters are excluded from qualifying employees for direct EB-5 counting. A payroll entry does not remove that exclusion.

Do not confuse preservation with family eligibility

A qualifying spouse and unmarried children under 21 may seek derivative status subject to individual requirements and applicable age rules. The troubled-business analysis does not turn family employment into qualifying jobs or grant derivative residence.

A charge for preparing family records is different from establishing the principal’s qualifying capital. Keep the allocation of sale proceeds distinct from the family’s immigration choices. Prepare a separate civil-document file for the principal, spouse, and every unmarried child under 21 who may immigrate as a derivative. Form I-829 must be filed within the 90-day period immediately before the second anniversary of obtaining conditional residence to remove conditions. A child who marries before immigrating loses derivative eligibility entirely, and no later filing restores it as a derivative. Conditional permanent residence permits work and study without a separate permission for the whole family. What is not protected is delay after approval in seeking the visa, so the family must act promptly once it can.