Her spouse and unmarried children under 21 may be derivatives and, once conditional residents, may work anywhere, but their positions do not count toward the ten jobs the enterprise must create.
Family members become residents; they do not become job-creation evidence
EB-5 derivatives are the investor’s spouse and unmarried children under 21, assessed with the age protections of the Child Status Protection Act where they apply. Each obtains conditional permanent residence alongside her and may then work and study without restriction, including for the language-services company. The regulation, however, excludes the investor, her spouse and her children from the count of qualifying employees, so the ten full-time positions must be filled by other U.S.
citizens, permanent residents or otherwise authorized workers. The family’s own labour should be presented as management rather than as job creation. All derivatives are included on the later Form I-829, and a child who marries or ages beyond the protected calculation before a visa becomes available may lose derivative eligibility, so the children’s ages should be reviewed against the expected timeline.
Hypothetical example: a renewable-heat installer has a 20-year-old child who is finishing a degree and expects to join later. The family should not assume that a delayed move preserves derivative eligibility. The controlling records are the child’s age, marital status, and the relevant filing dates, with any age-protection analysis done from those dates.
A separate review before the investor files can determine whether the child must be included immediately or needs another route.