EB-5 for Multiple Family Members: One Investment or Several?

The EB-5 Immigrant Investor Program offers a pathway to U.S. permanent residency through capital investment. When multiple family members—such as parents, children, or siblings—are interested in obtaining green cards, a critical question arises: must each individual make a separate qualifying investment, or can one investment cover the entire family unit?

Understanding the EB-5 Investment Requirement

The core of the EB-5 program revolves around the creation of qualifying jobs and the investment of required capital. The minimum investment threshold is currently set at $800,000 in a Targeted Employment Area (TEA) or $1,050,000 otherwise.

The Primary Petitioner Rule

Generally, the EB-5 petition (Form I-526E or I-526) must be based on a single qualifying investment made by a single primary investor. Each individual seeking an immigrant visa based on the EB-5 program must typically demonstrate their own qualifying investment.

Scenario 1: Separate Investments for Each Family Member

If every adult family member (e.g., both parents and an adult child) wishes to secure their own independent EB-5 visa, each must contribute a separate, qualifying investment amount, leading to multiple I-526 filings.

• Each investment must be traceable to the individual applicant.
• Each investment must meet job creation requirements independently.
• This results in multiple separate green card pathways.

Scenario 2: Derivative Beneficiaries and the Primary Investor

The EB-5 system allows for derivative beneficiaries to apply concurrently with the primary investor. This is the most common and cost-effective route for immediate family members.

Derivative beneficiaries typically include:

1. The spouse of the investor.
2. Unmarried children under the age of 21.

If a single investor makes one qualifying investment, their spouse and unmarried children under 21 can be included in the same I-526 petition as derivative beneficiaries, requiring only one investment for the entire immediate family unit.

When Multiple Investments May Be Necessary

If the family structure extends beyond the immediate nuclear unit (spouse and minor children), or if adult children wish to secure their own independent immigration path, separate investments become necessary.

Consider the case of two siblings, both over 21, wishing to immigrate based on EB-5:

If Sibling A invests the required capital, Sibling B cannot typically be included as a derivative. Sibling B would need to:

1. Make their own separate qualifying investment, or
2. Qualify through a different immigration category.

The USCIS scrutinizes the source of funds meticulously. Attempting to pool funds for one investment while claiming multiple petitioners can lead to denial if the source documentation cannot clearly delineate the capital contribution of each individual petitioner.

Impact of the New EB-5 Reform Act (RIA)

The Regional Center program changes under the Reform and Integrity Act (RIA) have standardized processing, but they have not altered the fundamental rule regarding the necessity of one investment per primary petitioner. The job creation metrics remain tied to the specific investment project associated with the I-526 filing.

For example, if an investor uses the $800,000 TEA investment structure, that investment count is singular:

Investor_X makes $800k investment, petitions for self + spouse + children under 21.

Conclusion: Strategy is Key

For most families seeking the EB-5 path, one qualifying investment is sufficient to secure green cards for the primary investor, their spouse, and unmarried children under 21, utilizing the derivative beneficiary process. However, for adult children or other relatives seeking independent status through EB-5, separate, qualifying investments are mandatory.

Consulting with an experienced immigration attorney is crucial to structure the investments correctly, ensuring compliance with source of funds documentation and minimizing the risk of Requests for Evidence (RFEs) or denials.