EB‑3 for Nigerian Families – What Happens to Your Spouse and Children?

When Nigerian professionals and workers think about relocating to the United States, they rarely think only about themselves. The real question is almost always:

“What about my wife or husband? What about my children?”

Relocation is not just a career move; it is a family decision. You are not just chasing a better job—you are pursuing a safer environment, quality education, and a more predictable future for the people you love.

Yet, across Nigeria, there is deep confusion about what happens to spouses and children when one person gets an opportunity through the EB‑3 employment‑based immigrant visa. 

Some agents say the main applicant must go first and “call the family later.” Others suggest using visitor visas or student visas for dependents, creating risky, unstable situations.

1. Understanding the EB‑3 Visa in Simple Terms

The EB‑3 visa is an employment‑based immigrant visa that leads to permanent residency—a green card—for the main applicant and certain family members.

Unlike temporary work visas (such as H‑1B) or visitor visas, EB‑3 is designed as a long‑term solution:

• You receive a permanent, full‑time job offer from a U.S. employer.

• The employer sponsors you through a regulated process (PERM Labor Certification and an immigrant petition).

• Once your immigrant visa is issued and you enter the U.S., you become a lawful permanent resident (LPR).

  
  

Crucially, the U.S. government recognizes that workers have families. So it allows certain relatives to receive the same permanent resident status through your EB‑3 case.

2. Who Counts as a Dependent in an EB‑3 Case?

For EB‑3 purposes, your “immediate family” includes:

• Your spouse – legally married husband or wife.

• Unmarried children under 21 – biological, legally adopted, or in some cases step‑children, as long as the marriage and parental relationships are legally recognized.

This means:

• Your spouse is not treated as a visitor or “plus one”; they become a permanent resident just like you.

• Your qualifying children gain permanent residency as well, giving them the right to live, study, and eventually work in the U.S.

Other family members—parents, siblings, cousins—cannot derive green cards directly from your EB‑3 approval. They may benefit later if you become a U.S. citizen and choose to sponsor them through separate family‑based categories, but they are not part of the original EB‑3 case.

3. How Your Family Is Processed in the EB‑3 Journey

The EB‑3 process has several stages. Your family features in different ways at each step.

During the Employer and PERM Stage

At the beginning, the focus is mainly on:

• The employer in the U.S., and

• You, the principal worker.

  
  

The company must show the U.S. Department of Labor that there are no available qualified U.S. workers for your job and that they are offering you at least the prevailing wage.

This stage does not require detailed information about your family yet, though your advisor will still ask about your marital status and number of children to plan ahead.

During the I‑140 Immigrant Petition

When the employer files Form I‑140 with USCIS to classify you under EB‑3, they list you as the principal beneficiary. Family members are not petitioned individually at this point but are expected to benefit as “derivatives” once the petition is approved and visas become available.

At the National Visa Center (NVC) and Consular Processing Stage

Your family becomes very visible at the NVC and embassy stage:

• The NVC creates case numbers for you and all your qualifying dependents.

• You complete individual DS‑260 immigrant visa forms for each person—spouse and each child.

• Every family member must provide civil documents (birth certificates, passports, police clearances, etc.) and attend medical exams.

In many cases, the U.S. consulate aims to interview the entire family together, especially if everyone is in Nigeria. If a spouse or child is abroad, their interview may be scheduled at a different consulate around the same time.

This is where early document preparation is vital: birth certificates, marriage certificates, and passports for every child must be in order before NVC and embassy submission.

4. What Status Do Your Spouse and Children Get?

When your EB‑3 immigrant visa is approved and your family enters the United States:

• You become an Employment‑Based Third Preference (EB‑3) Lawful Permanent Resident.

• Your spouse and children also become Lawful Permanent Residents, as your derivatives.

They are not dependents on a temporary visa that can easily be taken away. Their green cards give them substantial rights.

Rights of Your Spouse as a Green Card Holder

Your husband or wife will have:

• The right to live and work anywhere in the United States, for almost any employer. They are not tied to your EB‑3 sponsoring company.

• The ability to open bank accounts, sign leases, get a driver’s license, and build a credit history.

• Protection under U.S. employment and civil rights law.

• The option, after meeting residency requirements, to apply for U.S. citizenship (just like you).

This is important: some Nigerians fear that bringing a spouse on an employment‑based route will make them dependent or limit their work options.

Under EB‑3, your spouse is legally independent in terms of employment. They can pursue their own career, whether in their existing profession or a new field.

Rights of Your Children

Your unmarried children under 21 who immigrate with you will:

• Become permanent residents, able to remain in the U.S. indefinitely as long as they maintain that status.

• Have the right to attend public primary and secondary schools without international tuition.

• Later, as they grow older and meet residency requirements, be eligible for in‑state tuition at many public universities, which significantly lowers education costs compared to international students.

• Be able to work part‑time (once of legal age) and, eventually, full‑time, with the protection of U.S. labor laws.

For Nigerian parents currently worried about WAEC results, strikes, uncertainty over JAMB, or high private school fees, this alone can be life‑changing. EB‑3 isn’t just about your next job; it opens a radically different educational environment for your children.

5. What If Your Child Is Near 21?

U.S. immigration law has a concept called the Child Status Protection Act (CSPA), which can “freeze” a child’s age in certain circumstances to prevent them from aging out due to processing delays.

However, the rules are complex. If you have teenage children—especially 17, 18 or 19—it is critical to:

• Start the process early, rather than waiting until they are almost 21.

• Discuss timelines and CSPA protection with a qualified immigration attorney through your advisory firm.

Planning ahead can be the difference between including your child as a derivative now versus needing a much slower family‑sponsorship route later.

6. Can You Go First and Bring Your Family Later?

Sometimes, for financial or logistical reasons, a family may decide that the main applicant will relocate first, with the spouse and children following after a few months. EB‑3 allows for this through what is known as follow‑to‑join benefits.

Two main scenarios:

• You all attend the immigrant visa interview together and get visas at the same time, but you travel ahead to prepare housing and work, while your family travels later (within the visa validity period).

• You immigrate first as an EB‑3 permanent resident. Later, your spouse and children apply for immigrant visas at a U.S. consulate using your approved status under the follow‑to‑join rules.

In both cases, your spouse and children still end up with green cards, not visitor or student visas. The key is proper legal planning; you should never rely on assumptions or informal advice when separating family travel.

7. Why You Should Avoid Visitor‑Visa Shortcuts for Your Family

Some unregulated “agents” in Nigeria suggest that after you obtain an employment‑based visa or status, your family can simply come on tourist visas and then “change status” inside the U.S.

This approach is dangerous for several reasons:

• Visitor visas (B‑1/B‑2) require an intention to return home. If someone actually plans to immigrate but enters as a “visitor,” it can be seen as misrepresentation.

• Changing status in the U.S. is not guaranteed and may complicate future immigration options.

• Overstaying a visitor visa puts your family at risk of removal (deportation) and long bars from re‑entering the U.S.

EB‑3 already provides a legal, structured pathway for your spouse and children to receive immigrant visas. There is no need for risky shortcuts.

8. Life After Arrival: Practical Changes for Nigerian Families

Once your EB‑3 family lands in the U.S., reality begins—beyond the excitement and pictures at the airport. Understanding what to expect helps everyone adjust better.

Housing and Community

Most families initially live close to the EB‑3 job location of the main applicant. Over time, once both spouses are working and more settled, you may choose neighborhoods based on:

• School quality

• Proximity to extended Nigerian or African communities

• Worship centers, shopping, and healthcare

A structured advisory firm can connect you with relocation partners or share guidance on typical housing costs and expectations.

Schooling for Children

Children will:

• Be placed into appropriate grades based on age and prior education.

• Encounter a different style of teaching—more emphasis on class participation, projects, and continuous assessment.

• Need support adjusting culturally and socially, especially if English accent differences or social norms feel strange at first.

Many Nigerian parents find that children adapt more quickly than adults. Over time, they become cultural bridges, helping the whole family integrate.

Work and Career for Your Spouse

Your spouse’s early employment path may not perfectly match their Nigerian career immediately. Some families choose:

• Short courses or certifications (e.g., in healthcare support, IT, logistics) to align with U.S. market needs.

• Temporary entry‑level work while exploring long‑term options.

The critical point is that EB‑3 gives your spouse legal permission and flexibility to work. With persistence and planning, they can build a strong career in their own right.

Long‑Term Benefits: From Green Card to Citizenship

As permanent residents, your family can:

• Live indefinitely in the U.S. as long as they meet residency rules.

• After generally five years, apply for U.S. citizenship, if they wish and meet all criteria.

Having multiple U.S. citizens in a family later allows for:

• Easier sponsorship of parents or siblings (under separate categories)

• Access to government roles and some benefits reserved for citizens

• A sense of security that your children’s futures are fully anchored

9. Planning the Financial Side as a Family

Relocating a whole family is more expensive than travelling alone. Plan for:

• Visa fees and medical exams for each family member

• Air tickets for everyone, not just the main applicant

• Initial housing deposits, furniture, school supplies, and transportation

A realistic family budget and savings plan help ensure that the first months in the U.S. are stressful but manageable, not chaotic. During EB‑3 processing—often 2–3 years—many Nigerian families intentionally reduce expenses and increase savings to prepare.

10. How InvestMigrate Supports Nigerian Families, Not Just Workers

InvestMigrate was built on a simple belief: migration decisions are family decisions. Our EB‑3 advisory work is designed around that reality.

We help Nigerian households by:

• Assessing the entire family profile, including ages of children, marital history, and documentation status.

• Providing detailed checklists for each family member—what birth certificates, passports, and other documents are needed.

• Coordinating realistic timelines so parents can plan schooling transitions and job resignations.

• Answering tough questions about teenagers near age 21, childcare, and cultural adjustment.

• Connecting you with partners who understand Nigerian families’ specific needs—from financial planning to early settlement support.

Our priority is not just getting you a job offer; it’s guiding your family into a safe, stable, and legally secure future.

11. Final Thoughts: EB‑3 as a Family Investment

For many Nigerians, the idea of uprooting a family and moving across the world can feel overwhelming. Questions about children, spouses, aging parents, and community ties all mix with economic realities.

What EB‑3 offers is clarity:

• Your spouse can become a permanent resident and pursue their own career.

• Your children can grow up in a system with more predictable education and security.

• Your family moves together through a legal, traceable pathway—not through scattered, risky visa experiments.

If you are a Nigerian professional, skilled worker, or motivated individual thinking seriously about EB‑3, the next step is to understand how the program fits your whole family, not just your CV.

You can begin that conversation here: Sign up in the lead form.

With accurate information and structured guidance, EB‑3 can transform not only your career, but the entire direction of your spouse’s and children’s lives—for generations to come.