Starting on Aug. 15, the U.S. Citizenship and Immigration Services (USCIS) will begin using solely the final action dates chart from the Visa Bulletin for age calculations of children.
The agency explained that this update aims to align with the Department of State’s practices and changes in U.S. immigration.
“The updated policy now provides greater clarity and ensures that the calculation method for determining a child’s CSPA age will be applied consistently across both USCIS and Department of State processes,” said immigration attorney Oliver Yang from Reid & Weise.
Despite this update, the change may limit the protection offered to the children of EB-5 investors’ immigration status, said EB-5 attorney Carolyn Lee from Carolyn Lee PLC, cautioned in a note to clients.
“This change may significantly affect when a child’s age “freezes” for green card eligibility — and could increase the risk of some children aging out,” she said.
USCIS said the update will not apply to EB-5 applications with dependents filed before Aug. 15.
Impact on EB-5 children’s age calculations
The update focuses on the practical application of the Child Status Protection Act (CSPA) by USCIS. This law prevents immigrant children from “aging out” and losing eligibility during the green card process.
The act is essential for EB-5 dependents who risk exceeding the maximum age limit while their parents’ applications are processed, which can take several years. Once they turn 21, they “age out,” and no longer qualify as dependents.
USCIS used the filing dates in the Visa Bulletin to determine when an EB-5 visa was considered “available” for calculating the age of these children. Filing dates are found in the U.S. Department of State’s Visa Bulletin. They indicate the days when applicants can submit their applications for EB-5 visas or Adjustment of Status (Form I-485) based on their priority dates (when USCIS receives their application) and available visa categories.
EB-5 filing dates vs final action dates
Using filing dates allowed children to have their age “frozen” under specific circumstances when a visa is available, when they are younger than 21. This helped them maintain eligibility for a green card even if they turned that age during the process.
However, applying the final action date now affects this eligibility.
These dates indicate when visas are available for issuance and usually lag behind filing dates. They are less advantageous because they reduce the possibility of “locking” the age.
The move particularly affects families from countries with a high demand for EB-5, primarily China and India, who are filing for Unreserved visas and face a substantial backlog in their final action ones.
USCIS will continue to offer “extraordinary circumstances” provisions for EB-5 dependents who miss filing deadlines, but specific details are still being developed.
DISCLAIMER: The views expressed in this article are solely the views of the author and do not necessarily represent the views of the publisher, its employees. or its affiliates. The information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public; do not include confidential information in your question.
