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ELNORA · PLANNING GUIDE

Elnora family guide: identify who qualifies rather than who contributes to the plan

USAvisa field guide · 3 minute readReviewed 7 September 2026

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THE SHORT ANSWER

Relatives often make a move possible: lending money, guaranteeing a lease, taking shifts in a new business. None of that creates immigration eligibility for the relative. Dependent status is defined by relationship and age, and permission to work is defined by the status each individual actually holds. For every adult in the plan, ask what they intend to do in the United States and which status, if any, would allow it.

01

Use the temporary dependent rules for the real person

Hypothetical example: a sibling puts up part of the capital for a family’s U.S. venture and expects to spend several months a year running it. Neither the contribution nor the plan places that sibling in a dependent category, because temporary dependent status generally reaches a spouse and unmarried children under 21 and a brother or sister falls outside it. Within the household the categories still differ from one another. TD confers no work authorization, and that extends to services performed from inside the United States for a Canadian employer. A spouse holding qualifying E or L status is employment-authorized incident to status on appropriate evidence, with no universal requirement for an employment authorization document. Children never receive that spousal benefit.

02

Separate family assistance from authorized activity

A relative’s willingness to work in the business is a staffing plan, not permission. Before anyone is put on a schedule, identify which status they will hold and whether it authorizes the activity, because unauthorized employment creates a problem for the worker and for the enterprise alike. Study is generally allowed while TD, E or L status is maintained, but enrolling extends nothing: an authorized stay ends when it ends, and a child reaching 21 leaves the dependent category on that birthday whatever term happens to be in progress. Arrangements that worked on an earlier trip should be re-checked against current records rather than assumed to have carried forward.

03

Keep financial supporters distinct from immigrant derivatives

On the immigrant side, paying for something and qualifying for it are separate matters. Derivatives already eligible on an EB-5 case join the principal without a second principal investment being funded, but supplying the money does not by itself make a relative a derivative: the qualifying relationships remain a spouse and unmarried children under 21. Child Status Protection Act analysis rests on actual filing and priority dates and on visa availability, never on when funds were transferred. For immigrant visa entry the principal is admitted before or with the derivative relatives. The Gold Card framework charges each joining spouse and each unmarried child under 21 a separate US$15,000 processing fee and a separate US$1 million gift, corporate cases included, with inclusion recommended from the start. A family that pools its money still applies one person at a time.

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