Derivative inclusion should be distinguished from a separate principal investment case.
Assess the actual family structure
Review qualifying spouse and unmarried-child-under-21 eligibility, including applicable CSPA questions on the individual facts. A changed family plan does not justify an invented capital multiplier.
Decide whether the spouse is joining as a derivative or filing a separate investor petition. One principal EB-5 investment can cover eligible derivatives—a spouse and unmarried children under 21—without multiplying its capital threshold. A second principal needs a complete case. September 2026 uses US$1,050,000 generally; US$800,000 applies in an eligible infrastructure project or targeted employment area. Recheck later amounts. Show lawful source and path, risk exposure, ten full-time U.S. jobs, and investor management or policy participation. File I-526E for a regional-center investment or I-526 for direct investment, followed by conditional residence, with Form I-829 filed within the 90-day period immediately preceding its second anniversary. The common mistake is confusing more relatives with more principal cases.
Hypothetical example: an Orford hospitality developer invests through a regional center and wants her husband included while he keeps his own business. If he is a derivative spouse, their budget should not add a second capital contribution merely because both names appear in family records. They should gather marriage and identity documents separately from her source trail, I-526E evidence, and the project's job analysis. If he instead seeks an independent EB-5 basis, his own funds and ten-job case must stand alone. Their unmarried daughter's eligibility must be assessed before age 21, not assumed from either parent's payment.