The investor’s spouse, sons and daughters are excluded from the qualifying employee count, even if otherwise work-authorized.
Apply the real worker criteria
Do not infer that every relative is excluded; other relationships require the actual rule. Nonimmigrant work authorization alone does not make a worker qualifying for EB-5.
Approval leads to conditional permanent residence for two years for the investor, spouse and unmarried children under twenty-one, ending with Form I-829 to remove conditions, which must show the investment was sustained and the jobs created. Build a derivative calendar for the investor, spouse, and every child, recording birthdays, petition events, visa availability, CSPA calculations, and anticipated admission. Review any older child’s actual age-protection position rather than treating age 22 as either automatically included or automatically excluded from every pending case. Children must be under 21 and unmarried when they acquire residence, subject to Child Status Protection Act calculations, so the household should compare each child's age with the expected total timeline before choosing which spouse is the investor. An accompanying spouse or unmarried child under 21 needs the applicable immigration assessment, including any CSPA age calculation; eligible derivatives do not each become a principal investor. A qualifying spouse and unmarried children under 21 may seek derivative benefits, subject to individual eligibility and the applicable age rules, and those applications carry their own charges, which belong in the second ledger.