Can my father invest in my new business to apply for an EB-5 visa?

You would need to have them each make an $800,000 investment and you need to show how this investment will add ten new jobs each. It’s complicated with an existing business and best to do a new business.

Yes, your father may invest in your business assuming all requirements are met for EB-5 and the investment creates at least 10 full-time jobs. Your brother is too old to qualify as a dependent to be included in your father's EB-5 case. Your father may petition for your brother if he is unmarried when your father becomes a permanent resident in the US, but it will take time for your brother to immigrate because he will need to wait for an immigrant visa to become available in his category. Alternatively, your brother can also invest in your business independently and create at least 10 full-time jobs.

Yes, your father can invest in your business under the EB-5 program provided the investment will create ten new jobs. Your brother would need a separate investment and ten more jobs if he also wants to qualify for a green card as he is too old to be a derivative.

Your father should be able to make a qualifying EB-5 investment in your company. However, since your brother is over 21, he will not be able to obtain permanent residency as a derivative beneficiary from your father’s investment.

Father can invest, all the same EB5 rules apply. Brother over 21 is an adult cannot receive an immigration benefit through your father.

You have two questions. One is whether your father can petition for an EB-5 visa by investing in your business. The answer is yes. Your other question is whether your brother can be dependent on this petition, the answer is no, because he is over 21 and is not considered a child under immigration law. But your Dad can petition for your brother after he becomes a US citizen.

A parent is not prohibited from investing in their child’s business. For a parent to immigrate with their children, such as your brother, the child needs to be at least under 21 years of age when the I-526 petition is filed (subject to Child Status Protection Act or CSPA rules) and unmarried.

You can open a new business that creates ten full-time positions and qualify for an EB-5 green card. There are numerous details that should be discussed with a qualified immigration attorney. Your brother who is over 21 cannot immigrate as a dependent on your
father's green card process as he is no longer considered a minor dependent as he is over 21. Once your father is a green card holder, he could petition for your brother's green card through a family-based petition.