Until your BIL sends in that 8862 he has no chance of ever getting earned income credit again. So....if he wants or hopes to get EIC again, he will fill it out and send it.
https://ttlc.intuit.com/turbotax-support/en-us/help-article/tax-forms/enter-form-8862/L0gkFuF6N_US_e...
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