Must each of an EB-5 investor’s derivative beneficiaries fill out Form DS-260?

Yes, the EB-5 investor—also referred to as the principal applicant—and each derivative beneficiary must complete Form DS-260—Immigrant Visa Electronic Application. They must also pay the required fees and submit all required documentation.

Form DS-260

Submitting Form DS-260 is the first step in consular processing for a foreign national whose Form I-526—Immigrant Petition by an Alien Investor—has been adjudicated. Individuals who fill out this online form do not have a current nonimmigrant status in the U.S., and have to submit the form to the National Visa Center from their home country’s consulate or embassy.

Preparing for the Visa Interview

Once Form DS-260 is reviewed by the National Visa Center, the principal applicant and their derivative beneficiaries will receive notification of their interview date. There are certain documents that need to be brought to the interview. These do not include a copy of the applicants’ online DS-260 submission. The interviewing officer will have full access to view the application online.

During the interview, the applicants will be asked questions by an interviewing officer. It is in the applicants’ best interest to work with an immigration attorney to prepare for the interview and to receive guidance about the often overwhelming EB-5 visa program. It is also best for applicants to choose an immigration attorney who has experience in the EB-5 industry.

Derivative Beneficiaries

Derivative beneficiaries are visa applicants who are immediately related to the principal applicant—in this case, the EB-5 investor. These can be a spouse or unmarried child under the age of 21. Derivative family members are only eligible to apply for a visa based on their relation to the principal applicant. They must fulfill all the same requirements as the principal applicant, including submitting documentation, getting a medical examination, and participating in a visa interview if they are on nonimmigrant status and residing outside of the United States.