Education and Work Opportunities for EB-5 Dependents

Educational Benefits for EB-5 Dependents

1. Eligibility for Public Education:

   • Dependents (spouse and unmarried children under 21) of EB-5 investors holding conditional permanent resident status (Green Card) have the right to attend public schools in the United States.

   • They are eligible for free public education from kindergarten through grade 12.

2. Higher Education Opportunities:

   • Dependents can enroll in U.S. colleges and universities as domestic students (in-state tuition may apply based on residency status).

   • They can apply for federal student aid (FAFSA) if they become U.S. citizens or eligible non-citizens.

   • They are also eligible for scholarships, grants, and financial aid offered to U.S. residents.

3. Private and International Schools:

   • Dependents can also choose to attend private schools or international schools, depending on their educational preferences.

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Employment Options and Legal Authorization for EB-5 Dependents

1. Work Authorization for Spouse:

   • The spouse of an EB-5 investor with conditional permanent resident status is eligible to apply for a work permit (Employment Authorization Document - EAD) once they receive their Green Card.

   • The EAD allows the spouse to work for any U.S. employer without restriction.

2. Employment for Children (Dependents Under 21):

   • Children of EB-5 investors under 21 do not require a work permit for minor, part-time, or seasonal work (as permitted under U.S. labor laws).

   • Once they turn 18, they can also apply for a work permit (EAD) if they have conditional or permanent resident status.

3. Post-21 Status (Aging Out):

   • If a child dependent turns 21 before obtaining their permanent resident status, they may lose eligibility for dependent status under the EB-5 visa.

   • To avoid this, families can utilize the Child Status Protection Act (CSPA), which may help protect the child’s status depending on processing timelines.

4. Self-Employment and Business Ownership:

   • The spouse can also start a business or become self-employed in the U.S. using their EAD.

   • Dependents who are of legal working age and possess a work permit can also pursue self-employment.