Yes. Eligibility for an unmarried child under 21 is assessed on the specific facts of that case; age protection is fact-specific and no outcome can be promised. A pending case is a different situation from lawful permanent residence already granted, which is not automatically cancelled by a birthday or a marriage.
Two children at different stages in one hypothetical family
Suppose the elder son already holds conditional permanent residence while the 20-year-old daughter has a pending derivative case. The delay reaches them differently: the son's status runs on its own terms, while the daughter's outcome depends on visa availability and a case-specific assessment. Chargeability commonly follows country of birth, so a Canadian address or passport alone does not set the queue.
Keep the family record consistent with the actual principal case while following the applicable document requirements. Jobs held by the investor, spouse or children do not count as qualifying EB-5 employment simply because they are paid or separately work-authorized. A spouse and unmarried children under 21 may generally derive through EB-5, subject to individual age and admissibility review, but a spouse’s work cannot replace the principal’s required role.
During that period they hold all the rights of permanent residents, including the freedom to work, study and travel, subject to the residence obligation.