Yes, an EB-1 visa holder can sponsor their immediate family members, which include their spouse and unmarried children under the age of 21. Once the EB-1 petition is approved and the primary applicant obtains their green card, eligible family members can also apply for green cards. Below are the associated requirements:
1. Spouse
Eligibility: The spouse of an EB-1 visa holder can apply for a green card as a derivative beneficiary.
Process:
If in the U.S., the spouse can file for Adjustment of Status (Form I-485) alongside the primary applicant.
If outside the U.S., the spouse will go through Consular Processing to obtain an immigrant visa.
Benefits: Once approved, the spouse receives permanent residency and can work in the U.S. without additional authorization.
2. Children
Eligibility: Unmarried children under 21 are eligible for green cards as derivative beneficiaries.
Process:
Similar to the spouse, children can file for Adjustment of Status (Form I-485) if in the U.S. or go through Consular Processing if abroad.
Education Benefits: Children become eligible for in-state tuition rates and can live, study, and eventually work in the U.S. as permanent residents.
3. Documents Required
To sponsor family members, the EB-1 visa holder must provide:
Proof of family relationship (e.g., marriage certificate for spouse, birth certificates for children).
Copies of the approved EB-1 petition and green card (if already issued).
Evidence of eligibility (e.g., immigration status of family members).
4. Timeline for Family Sponsorship
Family members typically follow the same timeline as the primary applicant if their petitions are filed together.
If filed separately, the timeline depends on the availability of visa numbers for family-based derivative applicants.
5. Key Considerations
Age-Out Protection for Children: Under the Child Status Protection Act (CSPA), children may still qualify for green cards even if they turn 21 during the process, depending on when the petition was filed and visa availability.
Dependent Status: Family members' green cards are tied to the primary applicant's status. If the primary applicant loses their permanent residency, it may affect derivative beneficiaries.
Summary
An EB-1 visa holder can sponsor their spouse and unmarried children under 21 for green cards, providing them with the same rights and benefits as permanent residents. The process is relatively straightforward, especially when family members apply simultaneously with the primary applicant.
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