Major News! Favorable New US EB-5 Regulation: Primary Applicant's Changes Will No Longer Drag Down the Entire Family

During the long waiting period for the US EB-5 Investment Immigration process, many families have quietly worried about the same question:

"If the primary applicant experiences health issues, marital changes, or becomes too busy with domestic business during these few years, will the entire family's green card application be in vain?"

With the official publication of the EB-5 Fee and Adjudication Final Rule (effective November 30, 2026) in the Federal Register by the United States Citizenship and Immigration Services (USCIS), this issue that has plagued the industry for decades has finally been completely resolved by official policy!

The new rule officially incorporates the provision that "dependent applicants (spouses and children) can independently file Form I-829 to remove conditions and obtain permanent green cards" into the Code of Federal Regulations. This signifies that EB-5 family immigration has officially entered a new era of "family member risk isolation."

Globevisa, drawing on practical experience from assisting thousands of EB-5 families, breaks down the core changes and response strategies of this new rule for you.

If Something Happens to the Primary Applicant, Is the Family's Green Card Derailed?

● In the Past: EB-5 was a "bundled family ticket." During the 2-year conditional permanent residence period, if the primary applicant passed away, got divorced, abandoned their status, or failed personal background checks, the dependents' (spouse and children) status was often revoked along with them. Although individual immigration officers might occasionally exercise discretion, it depended entirely on luck without statutory protection.

● Now: The law grants family members an "independent individual ticket." Just like riding a high-speed train, if the primary applicant gets off halfway due to personal reasons, as long as the train itself remains undamaged, the spouse and children can still hold their own tickets, ride to the final destination, and obtain permanent green cards.

USCIS has explicitly clarified that family members can independently file Form I-829 to remove conditions under the following circumstances:

1. Primary Applicant Voluntarily Gives Up or Refuses to Cooperate: If the primary applicant no longer wishes to pursue a green card, the spouse and children can still independently file their application to receive permanent green cards.

2. Marital Status Changes During Residence: An ex-spouse who unfortunately divorces during the conditional permanent residence period can apply independently, provided the divorce occurred while holding conditional status.

3. Children Aging Out or Getting Married: If a child turns 21 or gets married during this period, it will not affect their ability to independently obtain a permanent green card.

4. Unfortunate Passing of the Primary Applicant: Family members may file independently or jointly to preserve their path to permanent residence.

Does Independent Filing Equal a 100% Guaranteed Approval? Which Pitfalls Still Apply?

Globevisa's risk control experts specifically remind applicants: "Being eligible to file independently" does NOT equal "automatic green card approval."

The new rule insulates against "primary applicant personal risk," but it cannot exempt "project-level risk":

● Exemptible (Personal Reasons): Primary applicant's divorce, primary applicant's abandonment, or rejection due to personal reasons (e.g., background check issues). These affect only the primary applicant and will not drag down family members.

● Non-exemptible (Project Reasons): If the investment project involves financial fraud, commercial deception, or most importantly, fails to create sufficient jobs, the green card applications for both the primary applicant and dependents will be denied across the board.

Globevisa Perspective: With primary applicant risk isolated, future EB-5 investments become simpler and more straightforward—project compliance and job creation remain the sole keys to determining the family's outcome.

What Are the New Developments Regarding Legacy EB-5 Backlogs and USCIS Oversight?

In addition to independent filings for dependents, the new rule introduces two major favorable measures:

● "Remedial Amendment Pathway" for Legacy EB-5 Cases (Form I-527): For legacy policy applicants, updating files compliantly was difficult if project information changed. The new rule introduces Form I-527 specifically to give these applicants an opportunity for compliant remedies and updated filings.

● Codification of the Integrity Fund for Stricter Project Oversight: USCIS has officially written funding for project audits and site visits into the regulations. These fees are paid by project developers and regional centers, requiring no capital from investors. The stricter the official oversight, the harder it is for low-quality projects to survive, significantly reducing the likelihood of investors falling into traps.

How Should Families Planning to Move to the US Prepare Now?

Now that "personal risks" are legally shielded, selecting a high-quality EB-5 project with closed-loop commercial logic and abundant job creation indicators has become the single most crucial step in the application process.

Why Choose Globevisa?

Globevisa always prioritizes clients' status security and green card safety:

● In-House Independent Legal & Risk Control Team: Globevisa collaborates with top US legal resources to conduct comprehensive reviews of projects' underlying commercial logic, fund supervision mechanisms, and job creation calculations, building a robust first line of defense. Since the implementation of the new law, Globevisa has successfully assisted over 25 projects in completing capital raises. Multiple projects are now fully constructed, operational, and generating jobs that meet the standards for permanent green card applications.

● Full-Process Professional Escort: From precise sourcing of investment funds and application filing to consulate interviews and Form I-829 permanent green card filings years later, Globevisa's documentation team provides end-to-end support. Leveraging a vast database of successful cases, extensive practical experience, and professional expertise, we effectively handle complex cases to ensure a smooth application process.

● Rapid Response to Family Changes: If family structure changes or special circumstances arise during the application process, Globevisa's expert team can respond quickly to customize independent filing solutions for dependents, transforming policy benefits into a genuine legal shield for your family.