Eligible derivatives are not additional investors merely by accompanying. Family eligibility and the principal’s qualifying jobs are different questions.
Avoid double use of family roles
A spouse or child accompanying the investor cannot be counted as that investor’s qualifying worker. Explain real roles without conflating derivative and employment categories. Derivative eligibility concerns a spouse or unmarried child under 21, subject to any applicable CSPA calculation.
Ask counsel to assess CSPA timing using the actual petition and visa-availability dates rather than a preferred school transition date, and keep a contingency plan for a delay, since neither an investment nor a filed petition freezes a child's qualifying age by itself. Raise any child approaching twenty-one with counsel at the first meeting, because the analysis of how age is calculated in these cases is technical, depends on the specific filing history, and can influence how quickly the family wants to move.