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APPLICATION ANSWERS · EB-5 FIELD GUIDE

Do family plans belong in a project comparison?

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THE DIRECT ANSWER

Yes, because projects differ in how long and how steadily they run, and the household's tolerance for delay is a real selection criterion. An eligible spouse and unmarried children under 21 may be included as derivatives, so the comparison should count everyone travelling and note anyone whose eligibility is time-sensitive.

Add a household row to the sheet

Beside each offering, write what the family would do during the process: who studies where, who works, who stays behind and for how long. Two projects that look similar financially can differ sharply once that row is filled in. Ask counsel how a child's age would be assessed on the route contemplated, since age protection depends on the facts rather than on a fixed rule, and preserve documents supporting each person's relationship and birth details.

Hypothetical example: an applicant comparing a data-centre project against two others has a child who will turn twenty-one within the expected process, and each offering has a different projected timeline. A first review would treat that as a selection criterion rather than as a matter to raise later with counsel, and would ask how the child's age is assessed on the route contemplated. It would also record each family member's country of birth, since chargeability generally follows birthplace rather than residence or passport and can differ between spouses.