Child Status Protection Act for EB-5 Investors

For preference immigrants, CSPA generally subtracts the number of days the qualifying immigrant petition was pending from the child's age on the applicable visa-availability date.

For an employment based derivative child, CSPA age is generally calculated by taking the child's biological age when a visa becomes available and subtracting the number of days the qualifying immigrant petition was pending. The result is not the child's age on the I-526 or I-526E filing date. Petition receipt and approval dates therefore matter, as does the legally relevant visa availability date. Because a child near age 21 can have little margin for error, the calculation should be done using the actual petition history and applicable USCIS CSPA policy rather than a simplified age estimate.

For adjustment applications subject to the current policy, USCIS considers a visa available for CSPA age calculation when the Final Action Dates chart authorizes visa issuance.

USCIS changed its adjustment of status CSPA policy effective August 15, 2025. For requests governed by that policy, USCIS considers a visa available for CSPA age calculation when the Final Action Dates chart of the Department of State Visa Bulletin authorizes visa issuance. Earlier USCIS policy used a different adjustment framework during part of the 2023 to 2025 period, so the filing date and effective policy can matter. Counsel should identify which policy governs the particular request before calculating age rather than applying the current rule retroactively without analysis.

Filing Form I-485 or taking an appropriate immigrant visa processing step can satisfy the requirement depending on the case.

USCIS recognizes an extraordinary-circumstances framework in appropriate cases.

CSPA protection also generally requires the child to seek to acquire lawful permanent resident status within one year after a visa becomes available. Filing Form I-485 can satisfy that requirement in an adjustment case, while qualifying immigrant visa processing actions can satisfy it in a consular case. USCIS also recognizes an extraordinary circumstances framework when the child does not act within the one year period and the statutory and policy requirements are met. The record should preserve the date visa availability began and the date of the qualifying sought to acquire action.

A child near age 21 should be evaluated using the actual priority date, category, bulletin history, and current USCIS policy.

Visa Bulletin movement can complicate a CSPA analysis because visa availability may begin, disappear through retrogression, and later return. The calculation should use the priority date, chargeability, EB-5 category, petition pending time, and the bulletin history that applies under the controlling policy. A child who appears protected under one month's chart should not be evaluated from that snapshot alone when final action later retrogresses. Counsel should preserve relevant bulletins and USCIS chart guidance and analyze how the sequence affects both the CSPA age calculation and the one year sought to acquire requirement.

The derivative must continue to satisfy the INA definition of child, including the unmarried requirement.

CSPA does not eliminate the requirement that an EB-5 derivative child continue to qualify as a child under the INA. A derivative son or daughter generally must remain unmarried. Marriage can therefore terminate derivative child eligibility even when the person's CSPA age is below 21. The case should monitor both age protection and continuing family relationship eligibility through the permanent residence process. If marital status changes, counsel should evaluate the consequence immediately rather than assume an earlier CSPA calculation preserves derivative classification regardless of later events.

• Child's birth certificate
• I-526 or I-526E receipt date
• Petition approval date
• Priority date
• Visa Bulletin history
• I-485 or NVC filing records
• Evidence of sought-to-acquire action

A reliable CSPA file should contain the child's birth certificate, the I-526 or I-526E receipt date, approval date, priority date, applicable Visa Bulletins, USCIS chart selection information where relevant, and records showing the sought to acquire action. For consular processing, NVC fee payments, DS-260 activity, or other qualifying steps may be important depending on the facts. If extraordinary circumstances are claimed, preserve evidence explaining the cause and timing of the delay. A dated calculation worksheet can show biological age, petition pending days, visa availability, CSPA age, and the one year deadline.