Is there a quota for spouses and children under the EB-5?

There is no separate quota that the family needs to compete for. Under the EB-5, the investor’s spouse and unmarried children within the age limit enter as dependents of the principal investor, in the same process, without a separate parallel petition.

In practice, when the investor files the petition, they can include qualifying family members so that they also receive conditional residence. Upon approval and, later, permanent residence, these dependents may lawfully live, work, and study in the country.

It is worth noting that the definition of who qualifies as a dependent follows specific rules regarding marital status and age, and these details may change in accordance with current legislation. For this reason, it is important to verify each family member’s eligibility on a case-by-case basis.

Since immigration rules are updated from time to time, it is advisable to check the current requirements with USCIS and work with an immigration professional to include family members correctly and avoid unexpected issues.

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Victoria Harper

Editor-in-Chief

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As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.