In general, with most green card applications, the spouse and the unmarried under 21 years old children, known as derivatives of the main green card holder may apply for a derivative green card based on the main green card application. This way all the family can move and live together in the United States. Derivative green card applicants are usually counted towards the annual cap of 10,000 EB-5 investor visas available.

The spouse and unmarried children under the age of 21, may be included on the main immigration petition application with the investor. Upon approval of the petition, if they are residing in the U.S., each of then will need to file USCIS Form I-485 Application to Register Permanent Residence or Adjust Status, or if they are living abroad then go through the visa application process and finally receive a visa in their local U.S. consulate.

It is important to note that the first green card issued to applicant investors through the EB-5 program and their derivative relatives will be conditional and with a 2 years expiration. This means that the green cards will be issued under certain conditions that must be completed upon completing the two years expiration. In order to be able to remove the conditions on the green card the investor must provide evidence of certain conditions that have been completed. After removing the conditions successfully, derivative green card holders as well as the main green card holder applicant will receive a permanent green card without conditions.

As lawful permanent residents, with or without conditions, the spouse and children will be authorized to live, work and to attend school in the U.S.