Employment-based preference cases may include qualifying derivative spouses and children. A child must generally remain unmarried and meet the immigration-law definition of a child, including any applicable CSPA protection.
Family
Can My Family Come With Me Through EB-3?
A principal EB-3 applicant's spouse and qualifying unmarried children under 21 may generally immigrate as derivative applicants. Eligibility is not determined only by the family member's age today; the legal relationship, marital status, visa availability, CSPA rules, documents, and timing all matter.
Reviewed August 21, 2026
Each family member has separate civil documents, medical requirements, government forms, fees, and final admissibility review. Families should identify age-out risk early.
EB3WFS records family information, helps organize civil-document readiness, and flags timing or relationship questions for review by the licensed legal professionals working on the case.
Who may be included
The principal applicant is the worker whose employment-based case creates the immigrant category. A current legal spouse and qualifying unmarried children may be able to accompany the principal applicant or follow later.
Parents, siblings, adult married children, former spouses, and other relatives do not become derivatives simply because the principal applicant has an EB-3 case.
Documents each family member may need
Common records include passports, birth certificates, marriage certificates, divorce decrees, death certificates from prior spouses where relevant, adoption or custody records where relevant, police certificates for applicants who must provide them, translations, photographs, medical records, and vaccination records.
Names, dates, places, prior marriages, and parent-child relationships should be consistent across the records. A discrepancy is not something to hide; it is something to identify and resolve properly.
Timing deserves its own review
Children near age 21 require early attention. CSPA may protect some children by using a statutory age calculation, but it is not automatic in every situation and it does not remove the unmarried requirement.
A spouse or child who plans to follow later should still be identified correctly in the case. The legal team should advise on the safest timing and required filings.
Frequently Asked Questions
Questions applicants ask about this topic
Can my parents be included?
No. Parents do not qualify as derivative beneficiaries through an EB-3 worker's case.
Can a married child be included?
Generally no. A derivative child in this context must remain unmarried and satisfy the applicable age rules.
Does each family member need a medical exam?
For consular immigrant-visa processing, every applicant must complete the required examination with an authorized panel physician.
Official and primary sources
Rules and agency procedures can change. Use these sources for the current government position.
Your Next Step
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