The investor, spouse and children do not count as qualifying EB-5 employees, even if they have separate permission to work. Do not automatically extend that exclusion to every other relative; apply the actual worker definition. Nonimmigrants also do not count merely because they hold employment authorization. A spouse and unmarried children under 21 may qualify as derivatives.
Keep three lists distinct
Identify qualifying project jobs, all business staff and relatives seeking derivative residence. Those groups need not be identical. Review spouse and child eligibility, including any specific age-protection issue, without assuming that employment or financial contribution creates a derivative benefit.
Prepare a derivative chart with relationship evidence, dates of birth, current locations, and the family's intended immigration sequence. A first review should flag any child whose age requires careful case-specific analysis and should not assume that a project job or financial contribution creates derivative eligibility. The investor petition does not itself grant residence, admission, or work permission to anyone in the household. Family members may need separate visa or adjustment steps after the principal's route is available. Keep each person's civil documents current and ensure names, dates, and prior immigration history reconcile across the file.
Hypothetical example: an aquaculture entrepreneur has a 20-year-old daughter studying overseas. The family must calendar the relevant age analysis and document sequence rather than waiting until the investor's later interview stage.