Family members who are receiving immigrant visas through an EB-5 investment as part of the EB-5 program are referred to as derivatives. Your spouse as well as your children under 21 who are not married are included. Family members of the key applicant who rely on the applicant and their immigration rights are determined by the key applicant’s rights are referred to as dependents. Once an applicant files the I–526 with the USCIS, their spouse and their unmarried under 21 children become derivatives.

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EB-5 Program Update:

The EB-5 Program has lapsed. The US Congress is discussing the legislation that authorizes the program while USCIS reviews the regulations and policies for filing. Because of the recent court ruling that reversed the 2019 Modernization regulations, the investment level has shifted temporarily from $900,000 back to $500,000.

If the program is reauthorized before the regulations are updated, there may be another window of opportunity to file at $500,000.

LCR expects the program to be reauthorized in December, and continues to work with international families that want to explore alternative residency options.

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