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RURAL MUNICIPALITY OF ST. CLEMENTS · EB-5 FIELD GUIDE

Can the investor’s spouse count among the required workers?

Sources checked:

THE DIRECT ANSWER

No. The investor, spouse and children are excluded from the qualifying-worker calculation.

Keep family participation separate

The investor and their spouse or sons and daughters do not count as qualifying direct employees. Do not extend that exclusion automatically to every other relative; assess the actual worker and job under the applicable rules. A business role also does not itself establish derivative immigration status.

School continuity is a family planning question, not an immigration eligibility question, but the family should still map each child's age against CSPA and visa-availability timing rather than assuming a specific school year determines when the immigration process must finish. Review spouse and child eligibility, including any specific age-protection issue, without assuming that employment or financial contribution creates a derivative benefit. Approval leads to two years of conditional permanent residence, with Form I-829 filed in the 90 days before the second anniversary to remove conditions, and a spouse and unmarried children under twenty-one may be included as derivatives.