The investor’s spouse and children are excluded from the qualifying job count.
Keep family eligibility separate from job creation
Eligible derivatives generally include a spouse and unmarried children under 21, with individual CSPA review. Their immigration eligibility does not convert an excluded family position into a qualifying job; immigrant-visa derivatives enter with or after the principal.
Separate the job calculation from derivative eligibility. Qualifying employment must consist of ten full-time positions for eligible US workers under the applicable methodology; the investor, spouse, sons, and daughters are excluded from that count. A spouse’s genuine project work therefore cannot repair a shortfall. At the same time, a spouse and unmarried children under 21 may generally immigrate as derivatives, subject to individual age and CSPA review. Build one chart for project jobs and another for family details and immigration milestones. Verify whether US$1,050,000 applies or the targeted-area or infrastructure level is US$800,000, then document lawful funding and choose Form I-526 or I-526E correctly. Admission or adjustment begins conditional residence, and Form I-829 must be filed during the 90-day period immediately preceding its second anniversary. Do not place a family employee on both charts.
Hypothetical example: A Saint-Ambroise renewable-energy equipment investor’s spouse is offered an accounting role in a later project phase. The work may be real, but it is removed from the EB-5 qualifying-job tally. Their nineteen-year-old child is reviewed separately for derivative eligibility and possible age protection. The investor asks for evidence of ten other qualifying full-time positions rather than using the spouse’s payroll entry to close the gap.