Key points
- The investor's spouse and unmarried children under 21 may be included as derivatives; the investor's parents are not.
- Children approaching 21 need early planning because age-related protections exist but depend on specific facts.
- Permanent residence carries residence expectations; long periods living abroad may put status at risk.
- Becoming a permanent resident can have significant tax consequences, which a qualified tax adviser should review before investing.

01Who can be included in an EB-5 petition
The person who makes the investment is the principal investor. Certain close family members may obtain permanent residence based on the investor's petition. They are called derivatives because their eligibility derives from the principal's case, and they do not need to invest separately.
| Family member | Can be a derivative? | Notes |
|---|---|---|
| Spouse of the investor | Yes | The marriage must be legally valid. |
| Unmarried children under 21 | Yes | Age and marital status at key points in the process matter. |
| Children who are 21 or older | Generally no | Some may be protected by age-related rules; others would need their own route. |
| Married children | No | Marriage generally ends eligibility as a derivative child. |
| Parents of the investor | No | Parents would need their own petition or another basis to immigrate. |
| Siblings and other relatives | No | Each would need a separate basis to immigrate. |
The investment requirements are the same however many derivatives are included: currently $1,050,000, or $800,000 in a targeted employment area or infrastructure project, for petitions filed before January 1, 2027, with 10 full-time jobs per investor. See EB-5 requirements.
02Children approaching 21
Because the EB-5 process can take several years, a child who is under 21 when the investment is made may turn 21 before receiving a green card. This is often called aging out. The Child Status Protection Act and the EB-5 Reform and Integrity Act of 2022 contain age-related protections that may help in some cases, but how they apply depends on specific dates and steps in each case.
Families with children in their mid-to-late teens sometimes consider whether an older child should invest separately as their own principal investor, or whether the timing of filings and project selection could make a difference. These are legal strategy questions for an attorney. See planning for children and age and EB-5 for students.
03Relocation, schooling and residence after approval
When the investor petition is approved and the family obtains status, they first receive conditional permanent residence, valid for 2 years. The investor must file Form I-829 in the 90 days before the second anniversary of conditional residence to ask USCIS to remove the conditions. Derivatives are generally included in that filing or file alongside it.
Permanent residence is intended for people who make the United States their home. A permanent resident who lives abroad for long periods may be found to have abandoned their residence, which can put status at risk. Short trips are common, but extended absences, maintaining a primary home abroad, or not filing U.S. tax returns as a resident can all be relevant. Families planning to split time between countries should discuss this with an attorney in advance, including whether a reentry permit or other planning may be appropriate.
- Timing the move. Some families relocate together; others move in stages, for example around school years. Each approach has residence implications.
- Schooling. Public school enrolment is generally based on where the family lives. University tuition and financial-aid rules vary by state and institution.
- Work. Permanent residents are generally authorized to work in the United States.
- Keeping records. Travel history, addresses and tax filings may be relevant later, including when removing conditions.
04Multigenerational planning
Families often hope to bring grandparents or the investor's parents as well. Parents of the investor are not derivatives. They cannot be included in the investor's EB-5 petition, whatever their age or dependence on the family.
A parent could become a principal investor in their own right, with their own qualifying investment and their own spouse and eligible children as derivatives. In some families, the roles are reversed: a parent invests and the adult child's eligibility is the question. Other family-based routes may also exist; for example, a U.S. citizen aged 21 or older may generally petition for a parent, but that depends on citizenship, which is a separate process with its own requirements.
Who should be the investor, and in what order family members might pursue status, is a legal planning question. A qualified U.S. immigration attorney can map out the options.
05Tax residency implications
Becoming a U.S. permanent resident can change how a person is treated for U.S. tax purposes, and it may also affect tax obligations in the family's home country. The consequences can be significant and can depend on income, assets, business interests and timing.
In general terms, a green card holder is usually treated as a U.S. tax resident, which can mean reporting worldwide income and disclosing certain foreign accounts and assets. Our article on U.S. tax obligations for EB-5 investors outlines the main themes to raise with an adviser.
06Family planning checklist
Step 1: List every family member and their dates
Note each person's date of birth, marital status, country of birth and current immigration status.
Step 2: Decide who would be the principal investor
Discuss with an immigration attorney how that choice affects each family member, including children near 21 and parents.
Step 3: Map the source of funds
Identify where the investment capital will come from and what documents prove its lawful source, including any gifts. See source of funds.
Step 4: Check visa availability
Understand how the family's country of chargeability and the project's category may affect timing. See the Visa Bulletin.
Step 5: Evaluate the investment
Review any project with a licensed securities professional. See project due diligence questions.
Step 6: Plan relocation and residence
Consider schooling, work and how much time each family member will spend in the United States.
Step 7: Review tax implications
Consult a qualified tax adviser about U.S. and home-country consequences before acting.
07Next steps
- How the EB-5 program works and the EB-5 process.
- Planning for children and age.
- U.S. tax obligations for EB-5 investors.
- Gift and loan funds.
- Understanding EB-5 investment risk.
Every family's circumstances are different. A qualified U.S. immigration attorney, a licensed securities professional and a qualified tax adviser can each address part of the picture. You can request a consultation to be connected with appropriate professionals.
Common questions
No. Only the investor's spouse and unmarried children under 21 may be derivatives. Parents would need their own petition or another basis to immigrate.
No. Eligible derivatives are included through the principal investor's petition. A family member who is not eligible as a derivative, such as an adult child, would need their own route.
Long periods living abroad may lead to a finding that permanent residence has been abandoned. Discuss travel and residence plans with an immigration attorney.
Sources and further reading
Facts on this page were checked against these sources on October 29, 2026. Rules and figures change — always confirm with the official source.
- 1.About the EB-5 Visa Classification (opens in a new tab)U.S. Citizenship and Immigration Services
- 2.EB-5 Immigrant Investor Process (opens in a new tab)U.S. Citizenship and Immigration Services
- 3.I-829, Petition by Investor to Remove Conditions on Permanent Resident Status (opens in a new tab)U.S. Citizenship and Immigration Services
- 4.USCIS Policy Manual, Volume 6, Part G (Investors) (opens in a new tab)U.S. Citizenship and Immigration Services
- 5.Fifth Employment Preference (EB-5): Immigrant Investor Program (opens in a new tab)U.S. Department of State
- 6.USCIS Updates Child Status Protection Act (CSPA) Age Calculation for Certain Adjustment of Status Applicants (opens in a new tab)U.S. Citizenship and Immigration Services
Published · Last reviewed . This page is general educational information, not legal, tax or investment advice. See our disclosures.

