Can Family Members of an EB-5 Investor Get Visas?

Looking to immigrate to the U.S. with your family? The EB-5 Program can be a great pathway. Through the EB-5 Program, foreign nationals, their spouses, and unmarried children under the age of 21 years may all be eligible to receive EB-5 visas under one petition.

In order for the family to qualify, an EB-5 investor must first receive an approved I-526 petition. Once approved, the principal investor, their spouse and unmarried children under the age of 21 may apply for visas simultaneously. Applying for a visa may require each family member to fill out forms, undergo medical exams and get vaccinations, submit documents, and pay any application fees.

Upon receipt of the visa application, required documents, and paid fees, the applicant may receive the time and date of a visa interview appointment. The interview stage determines whether the EB-5 investor is eligible for a U.S. visa.

Related: Country specific Covid-19 related information from the U.S. State Department.

Once a visa is issued, the principal EB-5 investor must enter the U.S. at the same time or prior to their family members who also received visas under the EB-5 investor’s petition. The visa offers the EB-5 investor and his or her immediate family members conditional permanent residence in the U.S. In order to remove the conditions on their visas, the principal EB-5 investor must file an I-829 Petition to remove the conditions on their permanent residency status.

When in the U.S. on their conditional permanent residency status, an EB-5 investor, their spouse and unmarried children under the age of 21 all be able to live, work, study and travel freely throughout the country.

What if my child is married, older than 21 years of age, or may soon age out of the program?

If you have children that may not qualify under your EB-5 application, they may be eligible to file their own application. The funds for the investment may come from a variety of sources and parents or family friends can gift or loan others the funds necessary to qualify for EB-5. Other sources that may qualify EB-5 include inheritance, investment dividends, salary, and sale of real estate or other assets. Young adults may be attracted the EB-5 Program as a way to live and study at top-rated U.S. universities because it allows the students to continue living anywhere in the U.S. post-graduation and select their dream careers without the restrictions other visa categories impose.

To read more about the EB-5 benefits for your children visit here.

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