Is there a limit to the number of dependents in an EB-5 application?

You can add your children to your application since there is no limit to the number of dependents as long as they are under 21 when you file your application.

There is no specific limit on the number of dependents that can be included in an EB-5 application. Dependents, including your children, are derivatively included in your I-526 petition without requiring separate filings for each. They must meet the definition of a "child" under immigration law, which includes being unmarried and under 21 at the time of the green card adjudication. If your eldest child might turn 21 during the process, the Child Status Protection Act (CSPA) may help preserve her eligibility by potentially "freezing" her age under certain conditions, such as when your petition is filed or approved. It’s worth noting that the EB-5 investment covers the principal investor and dependents as a unit, so no additional fee is required for each dependent beyond the standard filing costs of the EB-5 petition. After it is approved, then additional government fees will be needed for each child for the green card or immigrant visa. However, you should consider the processing timeline and consult with an immigration attorney to address any age-related concerns and ensure comprehensive planning for your family’s immigration path.

No but they must be spouse or your unmarried child under 21.

You can include all of your children as dependents in your EB-5 application, provided they are your legal children, unmarried, and under the age of 21. A five-year timeline is generally sufficient to secure the green card for your 16-year-old child through the EB-5 program, so the risk of "aging out" is lower. If you want your children to attend high school in the U.S. before the EB-5 green card is approved, they would need to pursue an alternative immigration pathway, such as an F-1 student visa, while waiting for them
green card. As for your EB-5 application, the number of children does not impact the application itself. You can include all eligible dependents under a single investment, though additional legal fees may apply for processing their applications.

Thank you for your inquiry regarding the EB-5 program for you and your children.
Dependent Eligibility: The EB-5 program allows investors to include their spouse and unmarried children under 21 as derivative beneficiaries. However, you're right to be concerned about your oldest child potentially "aging out."
Child Status Protection Act (CSPA): Fortunately, the Child Status Protection Act (CSPA) can help protect children from aging out during the EB-5 process. Under CSPA, your children's ages are essentially "frozen" at the time of filing the I-526 petition. This means that even if your oldest turns 21 during processing, they may still qualify as a dependent.
Costs and Application Impact: Including dependents does not negatively influence your EB-5 application. However, there are additional costs to consider:
* The I-526E petition filing fee of $11, 160 covers the investor and all dependents
* For applicants applying for immigrant visas outside of the U.S The immigrant visa (IV) processing fee for EB-5 applicants is $345 per person. This fee applies to the investor and each qualifying derivative family members. In addition, the USCIS Immigrant Fee, which is payable after receiving an immigrant visa and before entering the United States as a lawful permanent resident, is $220. This fee is required for processing the immigrant visa packet and producing the Permanent Resident Card (Green Card)
* For those already in the U.S. who are eligible to adjust status, the fee for Form I-485, Application to Register Permanent Residence or Adjust Status, is now $1,440.
· Additional Fees
· Form I-765 (Employment Authorization): $520
· Form I-131 (Travel Document): $630
* The fee for Form I-829, Petition to Remove Conditions on Permanent Residence, is now $9,525

In addition to these government filing fees which may be adjusted periodically by the U.S. government, you should expect higher legal fees for a larger family, as each dependent requires individual documentation and processing.
Recommendation:
Given the complexities of your situation, I strongly recommend scheduling a consultation to discuss your specific circumstances in detail. We can develop a tailored strategy to protect your children's eligibility and ensure a smooth EB-5 process for your family.

There is no limit for qualified dependents.

There may be a way for your daughter to take advantage of your approved I-526 petition even after she turns 21. The attorney who is helping you with your EB-5 case should be able to review your children's eligibility and the relevant requirements with you.

There will be certain filing fees applicable to applying for an immigrant visa payable to the National Visa Center for each son or daughter who will be applying for an immigrant visa, just as there will be for each son or daughter who applies for adjustment of status in the U.S. However, only you need to file a single form I-526 for yourself and pay only one fee for that petition.

When you are assigned an account by the National Visa Center (if you will be applying for an immigrant visa at a U.S. consulate) or when you apply for adjustment of status in the U.S., at that time as many dependents may also join your visa application or apply for adjustment of status if otherwise qualified. Any dependent who is under 21 at that time may file an application and may be added to your NVC account or apply for adjustment of status. In certain situations, even your sons or daughter who are over 21 at that time may
apply with you. But no son or daughter may apply with you who was 21 or over when your EB-5 petition was filed.
Under exactly what circumstances a son or daughter who was under 21 when your petition was filed but turns 21 or over before he becomes a U.S. permanent resident may nevertheless qualify for permanent residency is a complex process not amenable to an easy explanation and, in fact, cannot be determined with certainty at least until your EB-5 petition is approved and sometimes not even then.

The number of dependents you have will not affect the approvability of your EB-5 I-526 application. You do not pay a separate fee for the children at the I-526 stage. After the I-526 is approved, you will pay separate fees for each person at the consular processing or the adjustment of status stage. It is at this step that each person must establish that he/she is "worthy" of becoming a US lawful permanent resident. Each person must provide detailed background information, criminal records checks, and medical examinations to show that you do not have a communicable disease. Once this paperwork is approved, each person will receive the actual two-year conditional "green card."
Please note, filing an I-526 application does not give you or your family members a right to live and work in the US while the I-526 paperwork is being processed. You will need some other sort of legal status in the US in order for your children to attend school in the US while the I-526 is being processed.

All dependents are included in the application as long as they are under 21. There are no additional fees per dependent.

The number of dependents does NOT affect the EB-5.

There is no specific limit to the number of dependents you can include in an EB-5 application. As long as your children are unmarried and under the age of 21 at the time of the visa petition, they can be included as dependents. However, it is important to consider the potential for "aging out," which occurs when a child turns 21 before the visa is issued. The Child Status Protection Act (CSPA) may help in certain situations by allowing the child's age to be "frozen" under specific conditions, but it is crucial to act promptly to avoid complications.
Regarding fees, each dependent included in the EB-5 application will require separate processing fees. This includes fees for filing out the necessary forms and any additional costs associated with visa processing. Each dependent will need to complete their own DS-260 form and pay the associated fees.

No, there is no limit to the number of dependents.