Age-Out Protection in EB-5: Calculating Child's Age and CSPA Freeze Provisions

In exploring the U.S. EB-5 immigrant investor program on theSuper-aged, frozenrespond in singingage at lockupWhen it comes to the ground rules, we need to have a deeper understanding of these concepts and theirSpecific Applications in the EB-5 Petition Process. Below is a detailed explanation of these rules and a must-read guide especially for new investors.

Principal and subsidiary applicants

In the EB-5 immigrant investor program, the principal applicant is the individual who files the immigrant petition and assumes the primary responsibility for the investment. In addition to the principal applicant, a limited number of dependent applicants may be brought along with the petition. A dependent applicant is usually a person who has a close family relationship with the principal applicant.

I. Scope of affiliated applicants:

1.Spouse:

The spouse of the principal applicant, regardless of gender, may be a subsidiary applicant. This means that in countries and regions where same-sex marriage is legal, same-sex spouses are also entitled to act as subsidiary applicants.

2.Minor children:

Minor children (i.e., under the age of 21) of the principal applicant may also be subsidiary applicants. These children can include biological children, stepchildren, etc. and are unlimited in number.

II. Additions and conditions for affiliated applicants:

1. Timing of Addition: Subsidiary applicants can be added during the immigration application process.

For example, young investors in the EB-5 process who are studying in the U.S. or are on OPT, etc., can get married and add their spouse as a dependent petitioner to their immigrant petition before their I-485 (Adjustment of Status Application) is approved.

2. Age Requirement: Affiliate applicants must remain under the age of 21 until they obtain a temporary green card or immigrant visa. Once over this age, they will no longer qualify as an affiliated applicant.

*Note:Because the EB-5 immigrant investor application process can be relatively lengthy, applicants need to carefully manage their time to ensure that the subsidiary applicant is age-eligible before obtaining a temporary green card or immigrant visa.

too old

In the EB-5 immigrant investor program, the age of a child who isOver 21 years of age, then it is considered as "too old". The overage child will not be able to continue the EB-5 immigrant investor process with the principal applicant, but will need to file a separate F-2B immigrant petition (i.e., Green Card Minor Child Immigrant Petition, which is scheduled for about six years) for the child after the principal applicant receives his or her temporary green card.

So, how is 21 years old calculated? Here are a few key points to consider when calculating whether a child is overage:

keep fit as a child

In the EB-5 immigrant investor program, theWhen a principal applicant files an I-526/E (i.e., an EB-5 immigrant investor petition form)(math.) genusThe age of their children will enter a "frozen" state.. This rule is designed to protect children who may be over the legal age limit due to the lengthy processing time of immigration applications.

Overage Calculation Formula and Locked Age Procedures

One,CSPA age formula

CSPA Age = Actual Age - I-526/E Approval Time (converted to years or months after counting in days, depending on USCIS requirements).

This formula is used to calculate a child's "adjusted" age to determine if they are overage, after taking into account the approval time.

Two,Overage Calculation Formula and Determination

On the first day of the month in which the schedule arrives, use the following logic to make the determination:

If (actual age - time of I-526/E approval) < 21 years old, the child is not overage. Otherwise, the child is overage.

*The term "the first day of the month in which the applicant is scheduled" refers to the first day of the month in which the applicant's priority date becomes currently available for processing according to the USCIS scheduling table.

Three,Collar Locking (Freezing) Program

1. File an I-526/E petition:

The principal applicant files the I-526/E petition for EB-5 immigrant investor and includes information on all subsidiary applicants.

2. Approval stage:

USCIS begins processing the I-526/E petition when the child's age goes into "frozen" status. Approval time is calculated from the date the petition is filed until the I-526/E is approved.

3. After approval:

Once the I-526/E is approved, the child's age "freeze" is lifted and the child begins to age normally. If there is a waiting period at this point, the applicant will need to wait for the visa to be scheduled.

4. Scheduled arrival:

When the scheduling period arrives, a determination is made as to whether the children are overage based on the CSPA age formula and overage determination criteria. If the children are not overage, they may continue to immigrate with the principal applicant as dependent applicants. If the children are overage, they may need to pursue other avenues to obtain immigration status, such as through other types of visas or independent petitions.

In summary, overage, frozen age and locked age are important concepts in the U.S. EB-5 immigrant investor program regarding the age of accompanying children. New investors should fully understand these rules and choose the appropriate application strategy based on their actual situation to ensure that their children can successfully accompany them to immigrate to the United States.