Is there an age limit for my derivative children in EB-5?

Yes. In EB-5, a spouse and children may be included as derivative beneficiaries, but children must meet two dependent requirements: they must be within the age limit established by immigration law and must be unmarried at the relevant point in the process.

There is an important detail that often causes confusion: immigration law provides for the Child Status Protection Act (CSPA), a mechanism that can help preserve (freeze) a dependent’s age under certain conditions. This means that a child who qualified when the petition was filed may remain eligible even if they have a birthday during the process, provided the legal requirements are met.

• The child must be within the age limit and unmarried.
• The Child Status Protection Act (CSPA) may help preserve the age in specific situations.
• Eligibility is evaluated according to the progress of each case.

Because the details of age calculation and the application of the Child Status Protection Act (CSPA) depend on the specifics of each case, it is worth confirming updated requirements with USCIS and reviewing each child’s situation with a qualified specialist.

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.