Review the true ownership, entitlement and contribution rather than impose a personal-account-only rule.
Keep funding rights and derivative eligibility separate
Explain the spouse’s actual role in the funds. Eligible spouses and unmarried children under 21 may have derivative cases, with applicable CSPA assessment; joint asset ownership does not itself establish immigration eligibility or work permission.
Start with the brokerage agreement for the securities: who owns them, who may direct a sale, and whether a spouse must consent to the contribution. Trace the lawful source and path for a joint account. One principal may invest qualifying capital, while an eligible spouse and unmarried children under 21 may derive; fund ownership alone decides neither role. Capital is ordinarily US$1,050,000, dropping to US$800,000 when the investment qualifies through a targeted employment area or infrastructure project. EB-5 also needs ten qualifying full-time U.S. jobs and investor management or policy participation. File Form I-526E for a regional center or Form I-526 for a direct venture.
Hypothetical example: A plant-nursery operator in Sainte-Catherine-de-Hatley and her spouse jointly own securities purchased with business earnings. They assemble corporate distributions, tax records, brokerage statements, sale authority and marriage documents before choosing her as principal. Their nineteen-year-old son provides a birth certificate and proof he remains unmarried, but the family assesses his age rather than assuming account ownership includes him. Qualifying relatives receive two-year conditional residence and join the Form I-829 stage. The principal separately documents her policy role and the project’s ten-job plan; shared capital cannot satisfy those elements.