As a matter of immigration law, there is no minimum age. But when you start factoring in securities laws (i.e. with a regional center investment), there might be, so it will depend on what type of investment you make.
While there are no immigration laws or rules regarding a minimum age for an EB-5 investor, basic contract law requires that the signor be 18 years old. Otherwise, the contracts might be subject to rescission. Therefore, any regional center or direct EB-5 project developer will want you to be at least 18 years old.
There is no set minimum age to be a primary petitioner for EB-5. However, the USCIS needs to be satisfied that you fully understand the investment you are making. Therefore, if you are under 21, anything that can demonstrate your capacity to understand complex offering documents will be helpful, such as your English skills, your grades at school, and how independent you are. We generally will recommend the primary petitioner to be at least 15 and above.
John J Downey
I believe the minimum age would depend on the country you are from - what age is considered a majority for contractual agreements to be binding. An investor may only bring the spouse and any unmarried children under the age of 21.
The age of 18 is when an individual can legally enter into binding contracts such as signing the subscription agreement to an EB-5 project offering. As an EB-5 investor, your spouse and minor children can accompany you to the United States, also as conditional permanent residents.
There is no minimum age requirement under U.S. immigration law. However, many regional centers impose their own restrictions. Some require that the investor has to be over 18 years old or invest under the guidance of an adult if under 18 years. As a general rule, the principal investor in the EB-5 program can only bring along the following family members - (1) spouse (2) your child. These family members can be processed as dependents. Your parents, however, will have to wait until your green card is processed and you become a U.S. citizen.
There is no minimum age to invest under the EB-5 program. You must be of the age of competency to enter into a contract pursuant to the local laws of where the investment contracts are executed. The only family members that are eligible to immigrate with you would be your spouse and children (if any). Your parents would not be eligible.
While there is no minimum age requirement directly under the INA, the investor must establish competency in either the country or state of residence when signing contracts, agreements and other documents relating to the investment. Further, the investor must also establish that he or she is competent to engage in the management of the enterprise.
There generally is no minimum age to be an EB-5 investor. However, if your parents submit the petition, you can be attached as a dependent because you are under the age of 21. So let's say your dad applies for the EB-5 visa; your mom and any of your siblings under the age of 21 can be attached and receive green cards as dependents.
The California Service Center has previously responded to this issue as follows: While there is no minimum age requirement directly under the INA, the investor must establish competency in either the country or state of residence when signing contracts, agreements and other documents relating to the investment. Further, the investor must also establish that he or she is competent to engage in the management of the enterprise.
You need to be at least 18 years old, the adult age in the United States. Since this is your investment, if you do the EB-5 case in your name, you and your spouse and children, if you are married and have children, are the only ones who could immigrate with you. Since you are only 17 and it is more likely that you will obtain your investment funds from your parents as gifts, it may be better if one of your parents could invest and bring you along as the derivative beneficiary.
First, for family members, your spouse and any children under the age of 21 can be included as dependents, and apply for conditional permanent residency. Second, you need to be able to legally enter into contracts and, in many regional center cases, show the appropriate net worth or salary to be an "accredited investor." Please consult with an EB-5 attorney to review your U.S. immigration goals.