These fees are not EB-5 capital. Paid separately, they do not reduce the contribution; deducted from the amount reserved for it, they may create a shortfall. Budget spouse and child processing separately while checking eligibility, age and applicable CSPA rules, and visa availability.
A hypothetical family budget with two derivative applicants
Picture an investor in an US$800,000 infrastructure project who is also processing a spouse and a 19-year-old daughter. The family asks the issuer to confirm in writing that no derivative processing cost is drawn from escrowed capital. Each derivative is assessed on its facts, age protection is fact-specific with no promised outcome, and each must be independently admissible under the applicable filing instructions.
Derivative status covers the spouse and unmarried children under twenty-one, and the practical difficulty is that EB-5 processes are long. Eligible derivatives generally include a spouse and unmarried children under 21, with individual CSPA review; immigrant-visa derivatives enter with or after the principal. Complete the applicable residence process subject to admissibility and visa availability. The child's age is reduced by the time the petition was pending, and the result must be under 21 when a visa becomes available and the child seeks it within a year.