Family Inclusion

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Both the EB-5 and E-2 programs allow for generous family inclusion, extending benefits to spouses and dependent children.

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For both routes:

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• A spouse (legally married partner) is eligible for derivative status.
  
• Children under 21 and unmarried at the time of petition submission may be included.
  
  

In EB-5, dependents receive conditional permanent residence alongside the main applicant. Spouses may work without restrictions; children may study at U.S. public or private institutions without additional visas.

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In E-2, spouses are granted open work authorization, while children may attend school but cannot work unless they secure their own visa status.

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Strategic considerations include timing the application to protect children from “aging out.” EB-5’s Child Status Protection Act (CSPA) may freeze a child’s age under certain conditions, but delays can still jeopardize eligibility. Families with teenage children may opt for E-2 first, followed by EB-5 once I-526 priority dates become favorable.

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