Free EB-5 Project Evaluation How is a derivative child’s age calculated, particularly in light of visa retrogression?

In order for a child of a principal EB-5 investor to be eligible for an EB-5 Visa as a derivative, he/she must be unmarried and less than 21 years old. For immigration purposes, the child’s age is determined by taking his/her age at the time his/her visa number becomes available and subtracting the length of time the I-526 Petition was pending (from filing date to approval date). Time spent waiting due to visa retrogression—which presently affects only Mainland-born Chinese nationals—is not subtracted. For example, if a child is 22 years and 3 months old when a visa number becomes available and Form I-526 was pending for 16 months, then for immigration purposes, the child’s age is 20 years 11 months. Such a child could be claimed as a derivative beneficiary.