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APPLICATION ANSWERS · EB-5 FIELD GUIDE

Can the relative funding my EB-5 investment be included as a dependent?

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THE DIRECT ANSWER

Providing money does not itself create a dependent relationship for the immigration case. The family members who may qualify need assessment under the applicable rules.

Separate financial participation from immigration eligibility

List the proposed applicants and their relationship to the investor. Identify any relative who is contributing financially but seeking their own U.S. option. Do not include that person in a household outcome simply because their funds support the proposal.

Hypothetical example: An investor in a U.S. specialty-food packaging operation has a spouse, a twenty-year-old stepchild, and an adult sibling who is contributing money but does not plan to immigrate. The first review produces a person-by-person eligibility list, relationship-document checklist, and funding chart that keeps the sibling outside the derivative analysis. Marriage, birth, adoption, and custody records settle relationships; the dates settle any age analysis; the gift or loan records settle the contributor's financial role. Gather civil documents early, identify everyone who needs independent status, and preserve dates that may matter later. A common mistake is assuming that financial help buys a place in the applicant's household case. EB-5 requires the investor’s qualifying capital to remain at risk and to support the required job creation. Conditional residence, and later removal of conditions, remain separate stages for each eligible derivative. Keep this EB5 family record aligned with final filing facts and issued source materials, then preserve a dated copy internally before formal submission for future reference and review by responsible staff if questions arise later.