EB-5 Visa for Families: What You Need to Know About Including Family Members

The EB-5 Immigrant Investor Program allows foreign nationals to become U.S. permanent residents alongside their family members. However, it is important to know that there are rules guiding which and how family members can be included in your application.

For example, certain conditions have to be met for someone to qualify as a dependent. Also, immigration law includes special protections, such as the Child Status Protection Act (CSPA), to help keep families together in certain situations. These rules can be easy to miss or misunderstand.

In this article, we will explain who you can include in your EB-5 application and other details, such as how the CSPA Act works, so you can make better decisions for yourself and your loved ones.

Which Family Members Can You Include in Your EB-5 Application?

The EB-5 program allows an investor to include certain family members, called derivative beneficiaries, in one application. These include your spouse and unmarried children under the age of 21. According to Section 6, Chapter 6 of the United States Citizenship and Immigration Services (USCIS) Policy Manual, you, as a principal investor, can include your spouse if:

• You were legally married to them when you received your Green Card.
• You remained married when your status was being adjusted.
• You kept your lawful permanent resident status during your spouse’s status adjustment.

It’s important to note that civil or common-law partnerships are not recognized as marriages for EB-5 purposes.

For your unmarried children, they can be biological, legally adopted, or your stepchildren. Also, there is no limit on how many children you can add as long as they are younger than 21. However, if your child turns 21 before Green Card approval, there is a risk of aging out. In some cases, the Child Status Protection Act can help preserve eligibility.

An Overview of the Child Status Protection Act (CSPA)

In response to the possibility of your child turning 21 before your application is approved, the U.S. government passed the Child Status Protection Act (CSPA). The CSPA can help protect a child from aging out by allowing their age to be calculated based on specific filing and visa availability rules.

In other words, a child may remain eligible as a dependent even if they turn 21 during the visa process, depending on timing and visa availability. Since this option is not automatic, it is best to speak with an immigration lawyer if your child is close to turning 21 to understand how it may still apply to your case.

Other Details to Know Before Including Your Family in Your Petition

Below are other things to keep in mind about adding your family members to your EB-5 petition:

Costs and Fees

When applying for the EB-5 program as a family, the main cost is the EB-5 investment, which is either $800,000 in a targeted employment area (TEA) or $1,050,000 in a non-TEA. This amount does not increase based on the number of family members you include, as one investment covers you and all eligible derivatives.

However, there may be additional fees for each person in the family. These additional costs can include government filing fees, visa processing fees, and other required charges that apply per applicant

Each family member needs separate processing, so total costs increase with family size. This is why you should always confirm what the current fees are on the official USCIS website.

Processing Times

The EB-5 process timeline depends on your investment type and country of birth, and whether you apply from inside or outside the U.S. In recent times, rural regional center projects have some of the fastest I-526E approvals, often within 12 months, and in some cases as quickly as 6 months.

Also, if you are applying from within the U.S., you can take advantage of concurrent filing. Here, you can submit the EB-5 petition, adjustment of status application (Form I-485), and requests for work and travel permits at the same time.

This approach can save several months and provides valuable benefits, such as the ability to work and travel, while you wait for your Green Card. Nonetheless, since timelines change frequently, it’s important to check the latest Visa Bulletin and consult EB-5 professionals for up-to-date guidance.

Secure Your Family’s Immigration With EB5AN

Including your spouse and unmarried children under 21 in your EB-5 application can help you all build a life together in the U.S. Thankfully, your main EB-5 investment does not change with more family members. However, knowing the rules for dependents, how CSPA works, and what fees to expect will help you plan ahead and avoid surprises.

At EB5AN, we guide families through every stage of the EB-5 process. With over a decade of experience and more than 2,700 families from 70+ countries successfully served, our team is here to make your family’s immigration journey as smooth as possible.

Book a free one-on-one consultation with our team today to take the first step toward securing your family’s permanent residency.