A spouse and children under age 21 may be admitted to the U.S. under an EB-5 petition for the duration of the two-year conditional period. When the I-829 petition to remove conditions is approved, the conditions will be removed from the spouse and child’s Green Card status. As Green Card holders, spouses and children are authorized to work or attend school in the U.S.
A spouse and unmarried children under the age of 21 at the time of filing the I-526 petition may obtain conditional Green Cards and thereafter approvals of I-829 petitions, assuming legally sufficient job creation and investment.
Yes, spouses and children under the age of 21 may also receive conditional permanent residence and subsequent full permanent residence based on a successful EB-5 investment. Children over the age of 21 may also obtain permanent residence based on a parent's EB-5 investment provided that they qualify as a "child" as defined by the Child Status Protection Act.