Can I lose my EB-5 if my child ages out?

No. Aging out does not cause the principal investor to lose the EB-5. Your status as an EB-5 holder remains intact; what is at stake is only the inclusion of your child as a derivative beneficiary.

In the EB-5 process, a spouse and children may be included as dependents as long as the child is within the age limit and unmarried at the required stages of the process. If the child exceeds that limit while the case is still pending, the child may no longer qualify as a derivative, a situation known as ‘aging out’. This affects the child’s situation, not the investment or the investor’s green card.

In some circumstances, a legal protection may preserve the child’s eligibility by locking the child’s age for immigration purposes in certain scenarios. Applying it requires a case-by-case analysis that takes into account the timing of the process itself.

• The investor does not lose the EB-5 because the child aged out.
• It is the child who may be left out as a dependent.
• A legal protection may help, depending on the case.

Because the details depend on dates and individual circumstances, it is worth checking the updated rules with USCIS and reviewing your situation with a trusted professional.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.