EB-5 Visa for Families: Key Considerations for Spouses and Children

An investment in the future is not something to be taken lightly, many families can attest to that, and for those who wish to live in the United States, the EB-5 Visa is an excellent opportunity for obtaining permanent residence. But it’s not just about the investor .

If you have an EB-5 Visa, you get to bring your spouse and any children under 21 along with you. This is a visa that provides a family with the stability of a life in America, with it’s decent schools and the possibility of living and working in the U. S. without the limitations of student visas or work visas.

Let’s examine the key considerations for families interested in the EB-5 Visa program.

The basics of the EB-5 visa program

The EB-5 Visa program was created to attract foreign investment to the United States, allowing non US citizens to invest in US business or projects and obtain a path to permanent residency. 

To be eligible you must meet the EB-5 visa cost  which is $800,000 in a Targeted Employment Area (TEA) or $1.05 million outside of TEAs; this investment must create at least 10 full time jobs for US workers. 

Once your investment is made and your application is approved you and your family will receive conditional green cards, then after 2 years assuming that the investment has met the job creation requirements these conditions will be removed and you, your spouse and children will receive permanent residency.

Key considerations for spouses

The EB-5 Visa is not just a ticket for the investor, it has also got some serious benefits for spouses.

Here’s what spouses can expect:

1. Work Authorization

One of the greatest benefits for spouses is the ability to work in the U.S. without needing additional visas. Once the conditional green card is issued, spouses are eligible for work authorization and can start working in any field they want. Unlike other visa programs that limit the types of jobs a dependent can have, the EB-5 Visa has no such limitations.

2. Residency Rights

The spouse of an EB-5 investor has the same residency benefits as the primary applicant meaning you can live anywhere in the U.S., access healthcare and have all the privileges that come with permanent residency.

3. Pathway to Citizenship

Both the investor and his/her spouse can apply for U.S. citizenship after holding permanent residency status for 5 years As a result, every member of the family will have greater access to U.S. citizenship in years to come leading to more work, travel and experiential growth throughout the United States.

4. Independence 

   While the EB-5 Visa program is tied to the primary investor, the spouse maintains independent residency status. If the EB-5 investment criteria are met, a spouse’s residency rights remain intact in the event of a separation or other life changes.

Key considerations for children

The EB-5 visa is such a great opportunity that would completely change the life of any child under 21 years of age. From school to work, here’s how the visa impacts them.

1. Access to the U.S. Education

One of the primary reasons families apply for the EB-5 Visa is because of education. And if they get permanent residency, their children get to attend school in the USA for free. Plus when it’s time for college, they get in-state tuition at public universities, and that saves a lot of money. International students typically face much higher tuition fees, so this is a key advantage of the EB-5 program.

2. College Admissions

 When applying to U.S. colleges, permanent residents are treated the same as U.S. citizens, which can improve a child’s chances of admission. International applicants often face more competitive pools and stringent admission processes, so having residency provides a significant edge.

3. Employment After Graduation

Once children complete their education, they don’t need to worry about obtaining a separate work visa. As permanent residents, they can work in any field in the U.S. without the restrictions that typically come with international student or temporary work visas. This allows them to fully use their U.S. education to build a successful career without visa-related barriers.

4. Age Cut-off and Protection 

   It’s important to note that only unmarried children under the age of 21 can be included in the EB-5 Visa application. If your child is nearing this age limit, timing becomes critical. Fortunately, the Child Status Protection Act (CSPA) can sometimes freeze a child’s age at the time of filing, offering protection for those close to the cut-off age. This ensures that the entire family can benefit from the investment even if the child turns 21 during the processing period.

The Process: From Conditional to Permanent Residency

The EB-5 Visa program grants conditional residency for two years after approval. During this time, the investment must meet the job creation requirements. At the end of the two-year period, the investor must file a petition to have the conditions removed. Once the conditions are lifted, the entire family receives permanent green cards.

For spouses and children, the transition to permanent residency is seamless as long as the investment continues to meet the program’s requirements. After five years as permanent residents, the entire family can apply for U.S. citizenship, provided all eligibility criteria are met.

Why families choose the EB-5 Visa

The EB-5 Visa stands out because it provides a secure, long-term solution for families looking to relocate to the U.S. without the complications tied to temporary visas. Here are a few reasons why families choose this route:

1. A Direct Path to Permanent Residency

Unlike other visa programs that require renewals and extensions, the EB-5 Visa provides a clear, direct route to permanent residency for the whole family.

2. No Employment or Location Restrictions

Families can live and work anywhere in the U.S., offering the flexibility to settle in a city that meets their career or lifestyle needs. Additionally, spouses and children face no work restrictions once they receive their green cards.

3. Family Stability and Security 

The EB-5 Visa program offers long-term security for families, allowing them to focus on education, career development, and integrating into their new community without the uncertainty of temporary visa renewals.

4. Citizenship Eligibility

After five years of residency, the entire family has the opportunity to apply for U.S. citizenship, which opens doors to even greater freedoms and opportunities.

At FRR Immigration, we understand that investing in your family’s future is a big decision. We’re here to guide you through the EB-5 Visa program, ensuring that every step is clear, straightforward, and tailored to your family’s unique needs. From navigating the EB-5 Visa cost to meeting job creation requirements, our team will be with you every step of the way.

Ready to learn more? Contact FRR Immigration today to explore how the EB-5 Visa can help secure your family’s future in the U.S.!