Can the EB-5 cover adoptions?

The EB-5 program was created to encourage investments that generate jobs in the United States, offering foreign investors the possibility of immigrating to the country along with their direct dependents. Traditionally, the dependents included in this type of visa are the spouse and unmarried children under 21 years old.

This raises the question: can an adopted child be considered a dependent within the scope of the EB-5? The answer is affirmative, but with some important caveats. An adopted child can be included in the EB-5 petition as a dependent, provided that the adoption process has been completed according to the laws of the country where the adoption took place and is legally recognized as a parent-child relationship.

Furthermore, the child must meet the program’s definition criteria of ‘child,’ which generally means the child must be under 21 years old and unmarried. The legally recognized relationship, whether by adoption or other forms of family tie, will be evaluated according to United States immigration rules.

It is essential to emphasize the importance of strictly following applicable immigration laws and regulations, as well as obtaining advice from qualified professionals. Always seek specialized firms and avoid trusting marketing campaigns that promise quick or guaranteed results, as each case has its particularities and full compliance with all legal requirements is imperative.

Adoption, as well as the inclusion of dependents in the EB-5 petition, must respect the legal procedures established both by the U.S. immigration system and by the local laws governing adoption. Each situation is unique, and staying well informed and supported by specialized professionals can be decisive for the success of the process.

These precautions help avoid unforeseen issues and ensure that all requirements are met, contributing to your investment, together with the inclusion of your dependents, proceeding safely and legally.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.