Can Your Family Join You on an EB-5 Visa?

Yes, they can. And for many investors, this is the whole point. The EB-5 visa is often about giving your family a fresh start. A better life, better opportunities, and, in many cases, a better education for the kids.

What is the EB-5 Program?

The EB-5 Immigrant Investor Program was introduced in 1990. It allows foreign nationals to apply for U.S. permanent residency by investing in a qualifying U.S. business.

As of now, the required investment is:

• $1,050,000 in a standard commercial enterprise, or
• $800,000 if the investment is in a Targeted Employment Area (TEA)

The project must generate or preserve 10 full-time jobs for U.S. workers.

So who can be included?

Your spouse and any unmarried children under 21 can be added to your EB-5 petition as derivative beneficiaries. You don’t need to file separately for them. They qualify with youand they receive the same green card benefits.

What do they get?

Once approved, your family can live, work, and study anywhere in the U.S.

Children can attend school or college without needing a separate student visa. They qualify for in-state tuition and reduce college fees by $20,000 to $30,000 per year. After five years, the entire family can apply for U.S. citizenship.

No separate investment is needed. No additional sponsors. Just the right documentation and timely filing.

Real families do this every year

In 2023, over 11,000 EB-5 visas were granted. More than half went to the spouses and children of the main applicant. It’s one of the most family-inclusive visa options available.

Take the Chen family from Taiwan. Their EB-5 petition covered Mr. Chen, his wife, and two children. Once approved, they moved to San Jose. One child now studies at UC Berkeley, the other is in high school. His wife started a boutique business. The family is settled and on track for U.S. citizenship by 2026.

Timing matters

If your family is already in the U.S. on a valid visa, you may be able to file for adjustment of status. If not, the case will go through consular processing, which typically takes 6 to 18 months, depending on the embassy.

Concerned about children turning 21 during the process? The Child Status Protection Act (CSPA) helps protect eligibility. As long as you file before their 21st birthday and meet certain conditions, their age is effectively frozen for immigration purposes.

That’s exactly what worked for the Singh family from India. They filed their petition in 2021 with a 20-year-old son. Thanks to CSPA, even with the visa backlog, he received his green card in 2024.

What if life changes mid-process?

Families grow. Life evolves.

• If you get married after filing but before your green card is approved, your spouse can still be added.
• If your child is born before visa issuance, they can be included.
• If your child is born in the U.S. after you’ve moved, they automatically become a U.S. citizen by birth.

Education is often the biggest driver

Many families pursue EB-5 for access to U.S. education. Children can apply as domestic students, which improves admission chances and qualifies them for in-state tuition.

Take the Al-Masri family from the UAE. They applied through a regional center in 2020. Their daughter, Layla, got into UCLA. As a conditional permanent resident, she saved over $80,000 over four years through in-state tuition.

A note on taxes

U.S. green card holders are taxed on worldwide income and this applies to your spouse and children too. That’s why many EB-5 families do pre-immigration financial planning.

If you have international business interests or holdings, working with a cross-border tax advisor can help you structure your assets in a smart, compliant way.

Final thought

The EB-5 visa is a way to build something lasting for your family.

Done right, it creates access to education, freedom to live and work, and a roadmap to citizenship, all within a structured, legal framework.

Every family is different. Timelines vary. Life events show up unannounced. That’s why it’s worth having the right guidance from day one.

If you’re exploring the EB-5 route and want to do it right for the future of your entire family, we’re here to help.

Farro & Co
Phone: +65 6978 8450
Email: contact@farroandco.com
Website: farroandco.com