EB-3: Can Your Spouse and Children Come With You?

Yes. Under US immigration law (INA 203(d)), the spouse and unmarried children under 21 of an EB-3 immigrant receive the same category and the same order of consideration (same priority date) – they can come with you or follow to join later.

1. Who can come with you?

Family members are “derivatives” of the principal worker: if the principal’s case is not approved or does not proceed, they have no separate status under that case.

On the visa, an EB-3 Other Worker is EW3; the spouse is EW4 and a child is EW5 (22 CFR 42.11).

2. Coming together or following to join?

• Accompanying: family members receive visas at or around the same time as the principal.
• Following to join: the principal goes first and the spouse/children come later on the same EB-3 case – provided the marriage or parent–child relationship existed before the principal became a permanent resident and still exists when they enter.
• If you marry or have a child after becoming a permanent resident, that person does not follow on the EB-3 case and usually needs a separate family petition (Form I-130) with its own wait.

3. A child close to 21 – what is the CSPA?

A child who turns 21 before getting a visa may no longer count as a “child” (“aging out”). The Child Status Protection Act (CSPA) does not change the definition of child; it provides a special way to calculate age, so some children still count as children after their 21st birthday. It applies to children of EB-3 workers.

• CSPA age starts from the child’s age on the date a visa becomes “available”, minus the time the parent’s I-140 was pending.
• The child must remain unmarried.
• The child must take a step to seek permanent residence within 1 year of visa availability (for example, filing the DS-260) – missing it may lose the protection.
• USCIS adjusted how CSPA age is calculated in 2025.

4. What does each family member need?

Each person – even a small child – has their own DS-260, documents, fees and medical exam (travel.state.gov).

Full list of costs and questions to ask before signing: What do EB-3 fees include?

5. School for your children in the US

According to USCIS, US public schools are free from kindergarten through grade 12, and permanent residents have the right to send their children to public school. Compulsory school age, kindergarten, English (ESL) classes and enrollment vary by state and school district – see “For families” in the City Living Guide. College is not free.

Sources (checked Nov 2–10, 2026): 8 U.S.C. 1153 (INA 203) · USCIS – EB-3 · USCIS – CSPA · USCIS Policy Manual Vol. 6 Part B Ch. 2 · 22 CFR 42.11 · travel.state.gov – Employment-Based Immigrant Visas · travel.state.gov – Fees · USCIS – Education and Child Care.