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EB-5 Program and Children with Special Needs

The EB-5 Immigrant Investor program provides strict rules and regulations for prospective investors. Under the program investors are required to invest $900,000 into a U.S. approved commercial enterprise in return for a U.S. green card for themselves and their immediate family members (spouse and children under 21 years). The rules further set limitations as to how old the children need to be to fall under the same application as their parents. However, what happens to investors with children with special needs? Does the program provide an exception to their stringent rules?

As the program increases in popularity the number of families participating from emerging markets have increased to a point where the applications at times exceed the national visa quota. The benefits of the program far outweigh the requirement of the high initial capital investment and due to these benefits there is immense value in participating in the program.

Families with children with special needs undoubtedly require special assistance when applying for the EB-5 program. Each application is different in its entirety, and requires the prospective investor to work with an experienced specialist to ensure that all elements of the application are completed accordingly. For families with special needs children the application process requires a little more attention. However, program rules do not expressly explain whether families with children with special needs have any exceptions or whether their application is treated the same way as all other applicants. 

Fortunately, children with special needs can apply for the EB-5 immigrant investor visa as both a dependent and a principal investor. Once the petition has been approved, the applicants must be deemed medically eligible to enter the U.S. during their consular interview.  For a child with special needs it must be shown that their condition will not prove to be dangerous to themselves and those around them. Additionally, parents must prove that the child will have resources to be taken care of and will not be a problem for the state. 

The program currently does not provide for exceptions that would allow for children with special needs to always be included under their parents application regardless of their age. To promote inclusion and understanding that not all special needs are the same the U.S. might need to consider including such an exception to the program rules. However, the fact that the program allows for special needs children to participate as both dependents and principal investors also speaks to inclusion. The U.S. are accepting the child into the country with a chance that they may in the distant future end up being a burden to the state. Granted the same can be said about mainstream children, but children with disabilities do require more attention and state expenses.

If you are a family with a child with special needs and are considering the EB-5 program, contact us today for your free consultation. Our team of U.S. licensed lawyers have years of experience in helping individuals and families apply for U.S. residency via the EB-5 program.


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