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TOWN OF LASALLE, ONTARIO · EB-5 FIELD GUIDE

Does each sibling's own family need a separate EB-5 filing?

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THE DIRECT ANSWER

Yes, if each sibling is separately petitioning; family eligibility, including CSPA questions for each sibling's own children, is assessed individually per applicant.

Treat each sibling's petition as its own case

Draw a separate family group under each sibling who will be a principal investor. Allocate that person’s spouse and children to the correct case, then list the dates and records relevant to each child’s eligibility. Shared business-sale proceeds do not make one sibling a derivative of the other. A spouse or unmarried child under 21 may qualify through the relevant principal, subject to the applicable relationship and CSPA rules; a joint account supplies no shortcut around them. Separate principal investors need their own qualifying petitions and investments assessed, while eligible derivatives follow the appropriate family process rather than being presumed additional principal investors. Keep interview, visa and arrival planning case-specific. Derivatives entering on immigrant visas cannot precede their principal; one sibling’s progress does not set the other family’s timetable.

Map each sibling’s qualifying investment, source, path, and project separately. A spouse and unmarried children under 21 may be included with that principal. The Child Status Protection Act can protect some children, but age questions require individual dates and analysis, not a household assumption. Conditional residence begins separately for each person upon admission as an immigrant or approval of adjustment. The principal investor must normally file Form I-829 during the 90-day period immediately before the principal’s second anniversary of conditional residence and may include a conditional-resident spouse and children; a conditional-resident derivative not included must file a separate petition, subject to USCIS’s good-cause-and-extenuating-circumstances exception for a late filing. The mistake is treating shared sale proceeds or a project as one umbrella filing for multiple principal investors.

Hypothetical example: Two LaSalle siblings sell a greenhouse nursery, and each wants to invest separately while including a spouse and children of different ages. Their files should allocate distributions, transfers, and derivative records without cross-labeling one sibling’s child under the other petition. Counsel should track visa and admission events for each person, identify the principal’s filing window, and determine which derivatives may be included or must file separately because conditional-residence dates may differ. One principal’s progress cannot supply the other’s qualifying capital, ten-job showing, or family eligibility, even if both select the same investment project.