No. A spouse and unmarried children under twenty-one may generally be included as derivatives in either structure. What can differ is timing, and timing matters a great deal where a child is approaching the age limit.
The structure affects the calendar, and the calendar affects the children
Because derivative eligibility for children depends on age, anything that changes how long a process takes can matter to a family. Project availability, the readiness of a direct investment, and the pace at which source-of-funds documentation can be assembled all affect when a filing is made. Raise any child's date of birth with counsel at the first meeting and ask how the age analysis applies to the proposed filing, because it is technical and depends on the specific facts. Beyond that, the two-year conditional period and the further filing that follows apply in both structures and are worth mapping against schooling and family plans from the outset. Ask counsel to set out the expected sequence of filings in writing so the household can see where each date falls.
Hypothetical example: Oksana is considering an EB-5 filing while her son is approaching the age limit for derivative treatment. An opening assessment puts family ages, marital status, country-of-chargeability considerations, and the expected immigration sequence on a dated worksheet. Birth, marriage, passport, and prior-immigration records settle the baseline. The household needs to decide whether the route and timing fit every intended beneficiary before committing capital. A problem arises when the principal's investment decision is made in isolation and a child later cannot follow under the assumed derivative plan. Conditional residence and later removal of conditions also require the family to preserve evidence long after the first approval.