The investor’s spouse is excluded as a qualifying EB-5 worker.
Keep worker eligibility separate from family participation
More hours do not change that exclusion. Eligible derivative spouses and unmarried children under 21, subject to individual CSPA review, have their own immigration evidence needs; family participation does not replace the job requirement.
Remove the investor, spouse, and children from the job-creation count before testing the staffing plan. Their hours cannot satisfy the ten-full-time-job requirement, even if a spouse performs work. Instead, list qualifying US workers in positions and document their schedules under the method allowed for the project. The family’s immigration evidence is separate: a spouse and unmarried children under 21 may accompany or follow as derivatives, with evidence and age review. Determine the threshold: US$800,000 applies to an eligible infrastructure project or targeted employment area; otherwise, the capital requirement is US$1,050,000. Prove lawful source and path. File I-526 for the direct model, or I-526E when participating through a regional center. During the 90 days immediately before the second anniversary of conditional residence, the investor must file Form I-829 to seek removal of conditions.
Hypothetical example: A recycled-materials factory is reviewed by an investor from near Petit-Saguenay whose spouse plans to supervise weekend receiving. The staffing sheet initially counts that family role and its overtime. The investor removes it, identifies ten qualifying positions, and places the spouse only in derivative and governance records. If the headcount falls short, recruitment or project planning changes; family labour is not relabelled to close the gap. Records trace capital into the enterprise.