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NORTH HATLEY · EB-5 FIELD GUIDE

As a North Hatley applicant, does adding my spouse as a derivative require another ten jobs?

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THE DIRECT ANSWER

An eligible derivative is different from a second principal investor.

Identify each person’s actual role in the case

The ten-job requirement applies per investor. Eligible spouses and unmarried children under 21, subject to applicable CSPA assessment, need their own derivative documentation; do not confuse family inclusion with a separate investment case.

Classify each person before calculating jobs or preparing payments. One principal must invest US$800,000 in an eligible targeted employment-area or infrastructure case, or otherwise US$1,050,000; document lawful source and path; support ten qualifying full-time jobs; and take a management or policy role. Adding a spouse and unmarried children under 21 as derivatives creates neither another ten-job obligation nor a second capital threshold, although age and relationship evidence need individual review. Regional-center principals file Form I-526E; direct standalone principals submit Form I-526. After the proper immigration step, residence remains conditional for two years; Form I-829 must be filed within the 90-day period immediately preceding the second anniversary to seek condition removal.

Hypothetical example: a North Hatley book conservator is an investor in a regional-center project and includes her husband and nineteen-year-old son. She should gather marriage, birth, and age records while keeping job allocation tied to her investment. Her husband’s separate bank contribution may need source-and-path proof without making him another principal. The son’s eligibility should be assessed using the real chronology. Three relatives do not multiply the required positions, but each derivative still needs accurate documentation and admissibility review.