The general requirement is at least ten qualifying full-time jobs per investor, not another full investment and ten-job allocation for each eligible derivative child. Family members still need their own relationship, age and other eligibility review. Do not confuse investor count with household size.
Separate the project and family lists
Identify who holds the investment and who seeks derivative benefits. Assess any applicable age protection on the specific case. Jobs held by the investor, spouse or children do not count as qualifying EB-5 employment simply because they are paid or separately work-authorized.
A first review should identify the principal and each derivative, verify relationship and age records, and map the immigrant process against the family’s actual dates. The investment case separately needs capital at risk and proof of ten qualifying full-time jobs; conditional residence does not erase those requirements. Hypothetical example: A commercial composting facility investor assumes a child’s part-time work in the project will help meet the job total. The family should keep the derivative analysis separate from the job-count analysis, because investor and family employment is not a shortcut to qualifying positions. Preserve birth records, notices, and the dates needed for any case-specific age analysis.
Before committing to travel, identify which status document each person will need and which date controls the individual analysis.
List the principal investor and proposed derivatives separately from the project’s investor roster. The capital and job requirement attaches to the investor. The investment level is US$1,050,000 ordinarily; it becomes US$800,000 if the project meets targeted-employment-area or infrastructure criteria, plus ten full-time positions for eligible U.S. workers. A spouse and unmarried children under 21 may derive, subject to relationship, age, admissibility and any applicable age-protection analysis; they do not each purchase another ten-job allocation. A direct investor petitions on Form I-526, whereas someone investing through a regional center files Form I-526E. Form I-829 must be filed within the 90-day period immediately before the second anniversary of obtaining conditional residence to remove conditions. Assuming payment freezes a child’s age is the family-planning mistake.
Hypothetical example: A Saguenay orthodontist invests as principal in a medical-device production project and plans to include a spouse and two unmarried children. Counsel charts birthdays and immigration milestones while the project documents one allocation of ten qualifying jobs to her investor interest. The family keeps each civil record current and avoids treating a child’s part-time project internship as qualifying employment. Project arithmetic and derivative eligibility remain two distinct reviews.