The investor’s spouse and sons and daughters are excluded from qualifying EB-5 workers. Accompanying relatives also do not become separate investors merely by accompanying.
Separate household and employment categories
Identify the actual principal and derivatives. A family business role does not change the worker definition. Derivative eligibility concerns a spouse or unmarried child under 21, subject to any applicable CSPA calculation.
Distinguish relatives who already hold conditional residence from those whose immigrant cases remain pending, and review the project change’s implications for both groups. A filed petition confers nothing, so a family cannot rely on it to justify living in the property, and a household member already lawfully present under some other basis remains governed by that basis rather than by the investment. Two questions deserve specific advice: how a delayed arrival would be assessed for a child approaching twenty-one, and whether any period apart affects the route the household has chosen. Conditional residence itself is held by each family member, and the eventual petition to remove conditions covers them, so the household's status moves together through the second stage.