No. Identify the actual principal and assess each person’s eligible relationship or independent basis.
Do not treat household membership as eligibility
An adult relative’s participation in the plan does not itself create derivative status. Review the actual relationship, age and proposed case structure.
Read the project documents, designation information, offering structure, and USCIS form instructions with independent legal advice. Identify the new commercial enterprise, the investor’s capital, the lawful source and movement of money, the proposed job methodology, and the relevant capital threshold. Obtain the economic analysis or payroll basis used and the allocation assigned under the direct or regional-center structure. A first review should produce a written job basis stating whether the plan relies on direct creation, regional-centre methodology, or a permitted preservation framework. Identify the applicable official designation or project approval, the actual location and whether the determination covers this investment under the governing rules. The actual management or policy-formulation participation must be assessed, and qualifying limited-partner rights may satisfy it.