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ST. ALBERT · EB-5 FIELD GUIDE

Should a project delay be assumed to preserve a child’s EB-5 derivative eligibility?

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THE DIRECT ANSWER

No. Child-age rules and any available protection require an individual assessment using the relevant facts and dates. A business delay does not automatically freeze age.

Keep each family member’s process visible

Record the principal’s and child’s immigration history and the current procedural stage. Investor payment or petition approval alone is not residence. For immigrant-visa entry, derivatives generally enter with or after the principal. Review changed family circumstances separately from the project forecast rather than assuming the commercial explanation resolves every person’s eligibility or timing. Derivative eligibility concerns an eligible spouse and unmarried children under 21, subject to the actual applicable child-age protection assessment.

Compare civil records early; a difference in spelling or dates across a birth certificate, passport, and marriage record can slow later processing. Where a child is seventeen or eighteen when the process begins, the timeline itself becomes a planning problem, since adjudication and visa availability can consume years. Each unmarried child under 21 is included, and unlike TD or L-2 dependants, they become conditional permanent residents in their own right, able to work and study without restriction.