You do not need to be in the country to begin. Families abroad complete the process through consular processing, which ends with a conditional green card on entry. EB-5 is also open to investors abroad who have been denied non-immigrant visas over perceived immigrant intent, who cannot find a company to sponsor them, or who do not qualify for family-based visas. It is judged on investment and documentation rather than on sponsorship.

Permanent residence changes the economics of a U.S. education. With a green card, children can qualify for in-state tuition, often saving a substantial amount over four years, plus financial aid and scholarships that are typically unavailable to non-residents. Parents can include children under 21 on their petition, or provide the required investment to a child so the child applies as the principal investor. Concurrent filing can also let a child study without a separate F-1 visa and be reclassified from an international to a domestic student for tuition purposes.

Only unmarried children under 21 qualify as dependents. The Child Status Protection Act can freeze a child’s age for immigration purposes, helping prevent them from aging out of eligibility. Because that protection turns on when the petition is filed, families with teenagers are generally advised to file early.