How these guides work. Each guide is general information written to align with official U.S. government sources — every factual claim links to USCIS, the Department of State, or the SEC so you can verify it. None of it is legal, tax, or investment advice, and your circumstances require independent licensed counsel.
Who can be included?
An EB-5 investor's spouse and unmarried children under 21 can generally be included as derivative beneficiaries in the same immigration process — the same petition, and where applicable, the same adjustment applications. There is no additional investment per family member. USCIS describes derivative family treatment in its EB-5 process overview .
The age-out question for H-1B and L-1 families
Immigration law defines a “child” as an unmarried person under 21. A child who turns 21 before permanent residence is granted may “age out” and lose eligibility as a derivative — a serious concern in categories with backlogs. The Child Status Protection Act provides a special age calculation that can keep some applicants eligible past their 21st birthday, but it applies only to certain categories, involves technical subtraction rules, and generally requires the applicant to take a qualifying step to seek status within a statutory period (USCIS CSPA guidance ).
Because CSPA math depends on petition processing times, visa availability dates, and filing choices, no general article — including this one — can tell you how it applies to your child. If your child is within a few years of 21, raise CSPA specifically with immigration counsel before delaying any decision.
What the process looks like for each family member
- The investor is the principal: the investment, source-of-funds record, and job creation are all tied to them.
- The spouse filing an adjustment application can generally also apply for their own employment authorization and travel document while the case is pending.
- Children included as derivatives can generally study and, with approved work authorization where applicable, work — their status follows the principal's case.
- Conditional residence lasts about two years; the I-829 petition to remove conditions covers the investor and qualifying family members together.
If a child is already 21 or older
Children over 21 cannot qualify as derivatives, and independent options for them vary widely by age, status, and circumstances. Families in this position often evaluate whether the parents or the adult child has a stronger independent pathway — another reason an early, honest conversation with immigration counsel pays for itself.
Family timing is case-specific. Nothing here predicts how CSPA or visa availability will treat your family. Confirm the ages, dates, and categories that apply to you with independent counsel — our AI question builder can help you prepare those questions.
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