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THOROLD · EB-5 FIELD GUIDE

Must each accompanying child be allocated another ten jobs?

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THE DIRECT ANSWER

An eligible derivative is not a separate principal investor merely because they accompany the family. Multiple principal investors present a separate allocation analysis.

Identify the person’s role in the case

Derivative eligibility and age issues still need individual assessment. A job allocation does not itself settle a child’s immigration status. Derivative eligibility concerns a spouse or unmarried child under 21, subject to any applicable CSPA calculation.

The sequence runs from petition to visa availability, then an immigrant visa abroad or a lawful adjustment where the person is eligible and a visa number is available, then conditional residence, and later Form I-829, filed during the 90-day period immediately before the second anniversary. For children approaching the boundary, statutory provisions exist that can in defined circumstances protect a child's age during specified periods, and their application depends on the facts and on visa availability, so the calculation should be done by someone qualified rather than estimated.