Skip to content
MILTON · EB-5 FIELD GUIDE

Does the reduced investment category change family eligibility?

Sources checked:

THE DIRECT ANSWER

The reduced capital level does not create a broader class of derivatives. A spouse and qualifying unmarried children still need individual eligibility and documentation, including any relevant child age-protection analysis.

Avoid a price-based family assumption

Clarify which person is the principal investor and list the intended derivatives. Ask counsel how current visa availability and chargeability affect the particular case rather than assuming a lower capital category means an immediate move. Family processing expenses remain separate.

Neither the reduced threshold nor a project designation gives relatives work authorization while only the investor petition is pending. Name the principal investor formally and early, because the whole family’s position follows from that choice. Where a couple hold assets jointly, the identity of the investing party carries documentary consequences for source of funds and is not a matter of convenience.

List each intended derivative with a date of birth and marital status. Derivative children must be unmarried and under 21, and how age is treated in a particular case is a question for counsel rather than for a project’s marketing material. Hypothetical example: a couple who jointly built a packaging machinery distributorship plan an investment, and neither has been named as the investor.

Settle that before the funds move. Family processing responsibilities stay separate from the project’s obligations, and neither creates work authorization while a petition is pending.