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TANTRAMAR · LIFE ACROSS THE BORDER

Keep the family application separate from the worker evidence file

USAvisa field guide · 2 minute readReviewed 7 September 2026

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THE SHORT ANSWER

A Tantramar investor’s records may include relatives, contractors and people with several kinds of immigration permission. Use separate lists for the family application and the business’s employment evidence so a name appearing in one is not automatically accepted in the other.

01

Review the business record by worker and relationship

Identify the actual job method before treating an invoice or payroll entry as a qualifying EB-5 job. The investor, spouse and sons or daughters of any age are excluded from qualifying employees. Other relatives are not all automatically excluded, but their actual circumstances still need assessment. A nonimmigrant can be authorized to work without being a qualifying EB-5 employee. Record those distinctions rather than using a single “authorized” label for everyone.

02

Check the household’s intended activities against actual status

Dependent eligibility ordinarily concerns a spouse and unmarried children under 21, with applicable immigrant age-protection issues considered on the facts. TD provides no employment authorization. Qualifying spouses in appropriate valid E or L status may work incident to status with the necessary evidence; the corresponding child status does not carry that spouse permission. A relative’s planned help with the enterprise should therefore appear in the activity review even if the business does not count that person toward its immigration job requirement.

03

Connect each included person to the next immigration milestone

For Gold Card, budget an additional US$1 million gift and US$15,000 nonrefundable processing charge for each eligible included spouse or unmarried child under 21, also in corporate cases. A receipt is evidence of payment, not residence. Assess any CSPA question using the actual case dates, and arrange immigrant-visa entry with the principal arriving before or with derivatives. Keep a correction to worker records from silently changing which relatives are actually applying.

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