A qualifying spouse and unmarried children under 21 may seek derivative status through the principal’s case; they are not separate EB-5 investors merely because they accompany. Derivative eligibility and any applicable age-protection calculation still require individual review.
Do not count relatives as qualifying project jobs
Your spouse or child working in the enterprise cannot be used as one of your qualifying EB-5 workers. Immigration residence also does not begin simply because the family’s visa applications have been prepared. Plan travel and other commitments around each person’s actual process.
Derivatives receive conditional permanent residence alongside the investor, which means work authorization without any dependant restriction and a path to removing conditions with the family. Statutory provisions exist that can, in defined circumstances, subtract processing time from a child's age for this purpose, and whether they help a particular child is a calculation for counsel rather than an assumption. When a visa becomes available, each family member pays for either adjustment of status inside the United States or an immigrant visa at a consulate, plus the medical examination and biometrics.