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APPLICATION ANSWERS · EB-5 FIELD GUIDE

Can one gift be assumed to cover every family member’s immigration costs?

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THE DIRECT ANSWER

Separate the intended investment from the charges and requirements of each included applicant. A single transfer does not establish family eligibility or a complete household budget. A spouse and unmarried children under 21 may qualify as derivatives, subject to their own eligibility.

List the intended applicants and obligations

Record the principal, the spouse, and any unmarried children under 21 seeking derivative residence, along with the steps proposed for each. Review children’s age and marital-status issues under the applicable immigrant rules. Identify which expenses the gift can lawfully fund and which remain unfunded. Do not assume payment preserves age or guarantees that all family members receive residence together.

Family eligibility is a separate document exercise, even when everyone’s plans depend on the same investment. Record relationship evidence, dates of birth, marital status where relevant, passports, and any prior immigration history for each intended derivative. Do not assume an adult relative can be included because the investor will pay their expenses. Hypothetical example: a microbrewery wastewater engineer plans to include a spouse and a child approaching 21, while another adult child expects to join later. The household must identify the derivative rules and timing for each person before treating travel as one shared result. Civil records settle the relationship question; the investment documents do not. A conditional-residence outcome, if available, also does not erase age or relationship requirements. Make the family decision before filing, then preserve updated records if a marriage, divorce, or age milestone changes the facts.