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When is the child of an EB-5 investor to old to be included as a derivative beneficiary?

The child of anEB-5 investor may be included as a derivative beneficiary as long as he/she is unmarried and under age 21 when USCIS receives the I-526 Petition.Note, however, that this issue becomes more complicated for the children of Mainland-born Chinese investors due to visa retrogression. For EB-5 purposes, a child’s age is frozen while the I-526 Petition is pending, but this is not the case whilewaiting for an available visa.