Can a child be the main Applicant for an EB-5 visa?

Among questions regarding the EB-5 visa, one particular question has a pleasing answer, especially for those families who want only a young member of their family to migrate to the US.

Many families wonder why some people choose to use their child’s name instead of being the primary applicant themselves?

EB-5 regulation for children

Firstly, if an investor files the EB-5 application when a child is 21 or married, they would not be eligible for the EB-5 program under the parents’ application. However, if the application is then filed under the child’s name as the primary applicant, then the child could add their own future dependents such as future spouse and children to the petition.

Another important reason that an applicant would choose to use their child as the primary applicant in the EB-5 program is if they had no intentions of permanently residing in the United States. If their child wants to go to school and live in the United States while their parents stay in their own country, this would be an ideal route to take.

Lastly and more importantly, a lot of families consider the U.S.’ global taxation system a deterrent.

Can a child be named as the primary applicant?

The following provides a detailed explanation of how it may be a good idea to name a child as the primary applicant.

The answer to this question is, yes, a child can be named as the primary applicant. We usually accept an applicant above 14 years of age as an independent primary applicant.

There are several reasons why this is a good idea. First, the backlog of applicants coming from countries such as Mainland China, means that many children will not meet the age requirement before a visa comes available to them.

Parents who have filed their petitions risk the chance of their child aging out of the program before the visa is given to them due to the long waiting periods.

In other countries that do not have a current long waiting list, their child will still qualify for the program as long as they were under 21 years old when the petition was first filed. A program in the United States called the Child Status Protection Act can help in this process. The program works to help keep children and immigrating families united during their immigration process.

Applicants for the EB-5 visa program must meet the residential requirements prior to the filing of their I-829 petition for the permanent green card.

There are a number of reasons that more and more parents from foreign countries wish for their child to attend schools in the United States. Not only does the US have world-class education, but it also offers great career options after they finish school.

For additional information concerning the EB-5 visa program, contact us.

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