For many Indian families exploring EB-5, one of the most personal questions is: Who should be the applicant—the parent or the child?
In this fourth installment of our EB-5 blog and video series with EduFund’s Anand Patinge and CanAm’s Nick Buonagurio, we unpack how student and even minor applicants can qualify, what it means for dependents, and the important red flags every family should keep in mind.
Can a Student—or Even a Minor—Be the EB-5 Applicant?
The short answer: yes.
“Students can absolutely be the primary EB-5 applicant,” Nick explained. “The program even allows minors to apply, provided the investment funds are properly documented and subscribed on their behalf.”
That flexibility means EB-5 can be structured in different ways depending on each family’s goals:
- Parent as applicant: A single $800,000 investment covers the parent, their spouse, and all children under 21. This is often the right choice when parents want to immigrate together as a family.
- Child as applicant: If parents do not intend to move to the U.S., they can gift funds to their child, who then applies as the investor. In this scenario, however, parents will not receive immigration benefits.
Who Qualifies as a Dependent?
EB-5 rules are clear: only the spouse and unmarried children under 21 of the primary applicant can be included on the application.
This means that if the child is the applicant, parents cannot later be added as dependents. “It’s critical to plan ahead,” Anand emphasized, “because the decision of who applies shapes the entire family’s immigration outcome.”
Red Flags for Families to Watch
Choosing between parent or child as the applicant isn’t just about immigration eligibility. Families should also weigh the financial and practical realities:
- Illiquidity: EB-5 capital is typically locked up for 5–6 years. Families should assume they won’t be able to access that money during the investment period.
- Minimal Returns: EB-5 investments are structured for immigration benefits, not yield. After fees and taxes, annual returns are usually less than 0.25%.
- Overly Optimistic Promises: Be wary of any project or advisor who guarantees quick timelines or high returns. As Nick noted, “This is a long-term immigration strategy, not a short-term financial play.”
Planning Ahead
For Indian parents, the decision of who should apply often comes down to family priorities:
- If the entire family wants to relocate, it may make sense for the parent to apply.
- If only the child plans to stay in the U.S., making them the applicant can be more efficient—but parents must accept they will not gain immigration benefits through that application.
“An investor family wants to do this once and do it right,” Nick said. “That means choosing the right structure, the right attorney, and the right regional center from the beginning.”
The Bottom Line
EB-5 provides options, but also requires foresight. Families should work closely with an experienced immigration attorney and trusted regional center to map out the best approach.
For Indian parents, the key takeaway is simple: yes, your child—even a minor—can apply, but strategic planning is essential.
Coming Up Next:
In the final installment of our series, we’ll compare EB-5 to the traditional H-1B pathway and explore why more Indian families are rethinking their long-term U.S. immigration strategy.
