March 9, 2026

EB-3 Visa for Spouse and Children: How Derivatives Work

When an overseas worker is sponsored for an EB-3 employment-based green card, the process is designed to keep families together. A qualifying spouse and children can immigrate as derivatives — meaning their eligibility flows from the principal worker’s petition rather than a separate one of their own. This post explains how derivatives apply, what documents are involved, and what happens when family members immigrate later than the principal in a process called follow-to-join.

As with any immigration topic, this is general information to prepare you for a conversation with a licensed U.S. immigration attorney, not legal advice.

What “Derivative” Means

In employment-based immigration, the principal applicant is the worker whose U.S. employer files Form I-140, Immigrant Petition for Alien Worker. A derivative applicant is a family member who obtains a green card because of that principal’s approved petition.

Under U.S. Citizenship and Immigration Services (USCIS) rules, the derivatives who may generally qualify are the principal’s:

Spouse, and
Unmarried children under 21.

Derivatives do not need their own employer, job offer, or labor certification. The U.S. Department of State assigns them specific visa symbols: a derivative spouse in the skilled or professional subcategory is generally coded E34 and a child E35, while in the EB-3 “Other Workers” subcategory the symbols are typically EW4 (spouse) and EW5 (child).

How Derivatives Apply Alongside the Principal

The way derivatives apply depends on whether they are inside or outside the United States.

Consular Processing (Family Abroad)

When the family lives abroad, the case moves through the Department of State’s National Visa Center (NVC) after the I-140 is approved and a visa number becomes available. Each family member generally:

Completes Form DS-260, Immigrant Visa Application.
Submits civil documents such as birth and marriage certificates that prove the qualifying relationship.
Completes a medical examination with an authorized panel physician.
Attends an immigrant visa interview at a U.S. embassy or consulate.

Under current Department of State practice, applicants are generally scheduled for interviews in their country of residence. Because scheduling policies can change, confirm the current process on the official travel.state.gov pages.

Adjustment of Status (Family in the U.S.)

When the family is already in the United States in a valid status, each derivative may file Form I-485, Application to Register Permanent Residence or Adjust Status, once a visa number is available. Derivatives can often file their I-485 applications together with the principal, or afterward.

Proving the Relationship

Because a green card depends on a genuine qualifying relationship, documentation matters. Families should expect to provide:

A marriage certificate for a spouse (and, where relevant, evidence that prior marriages were legally ended).
Birth certificates for children showing the parent-child relationship.

USCIS and the Department of State review these documents carefully. An attorney can help you assemble a complete record and address any gaps, such as documents that are unavailable in certain countries.

Follow-to-Join: When Family Immigrates Later

Sometimes the principal worker immigrates first and the family follows later. This is known as follow-to-join (also called “following to join”). It commonly happens when a spouse and children were not ready to travel at the same time as the principal, or when a marriage or birth is properly established within the rules.

In a follow-to-join situation, the derivative family members generally use the principal’s already-approved petition and priority date to pursue their own immigrant visas or adjustment applications later. The exact procedure differs between consular processing and adjustment of status, and the timing rules can be technical. This is an area where professional guidance is especially valuable.

The Priority Date Governs the Whole Family

Every derivative shares the principal’s priority date and is subject to the same annual limits, the roughly 7% per-country cap, and the monthly Visa Bulletin. A visa number must be available before anyone completes the final step. Because these dates change monthly and can move backward (retrogression), always confirm the current bulletin for your category and country of chargeability.

Timing also raises the risk of a child turning 21 during the wait and “aging out.” The Child Status Protection Act (CSPA) may protect some children by calculating a special “CSPA age,” but it is complex and does not apply in every case — another reason to consult an attorney early.

Frequently Asked Questions

Do my spouse and children need their own employer or petition? No. Derivatives immigrate based on the principal worker’s approved I-140. They do not need their own employer, job offer, or labor certification.

What is follow-to-join? Follow-to-join is when qualifying family members immigrate after the principal worker rather than at the same time, using the principal’s approved petition and priority date. The specific procedure depends on whether they process abroad or adjust status in the U.S.

What documents prove the family relationship? Typically a marriage certificate for a spouse and birth certificates for children. Evidence that any prior marriages were legally ended may also be required. USCIS and the Department of State review these documents closely.

Can my spouse work after immigrating? Once a derivative becomes a lawful permanent resident, they are generally authorized to work in the United States. Work authorization before that final step depends on the process and is discussed in our related post on EB-3 dependents and work.

A Few Important Reminders

Immigration outcomes are never guaranteed. No employer, agency, or attorney can promise you or your family a green card or a specific timeline — these depend on your individual facts, government processing, and visa availability.

Government fees and processing rules change. Any figure referenced here is as of July 2026 — verify current figures at the official USCIS Fee Calculator: https://www.uscis.gov/feecalculator before relying on them.

This article is for informational purposes only and is not legal advice. For guidance about your specific family situation, please consult a licensed U.S. immigration attorney and rely on the official government sources below.

Sources

U.S. Citizenship and Immigration Services — Green Card for Employment-Based Immigrants: https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-employment-based-immigrants
U.S. Citizenship and Immigration Services — Child Status Protection Act (CSPA): https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa
U.S. Department of State — Immigrant Visa Process: https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process.html
U.S. Department of State — Employment-Based Immigrant Visas: https://travel.state.gov/content/travel/en/us-visas/immigrate/employment-based-immigrant-visas.html
U.S. Department of State — The Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html