Section 203(h) of the Immigration and Nationality Act (8 U.S.C. 1153(h)) was amended by the EB-5 Reform and Integrity Act of 2022 (“RIA”) to clarify how in some instances the age of children of investors is determined during participation in the EB-5 program.
Under the RIA and the amendment to Section 203(h)(5), an investor’s “child” who has reached 21 years of age and was admitted as a Conditional Permanent Resident as the child of an investor lawfully admitted for permanent residence under subsection (b)(5) will continue to be considered a child of the principal petitioner. Most importantly, this continued classification as a “child” is maintained for any subsequent EB-5 Form I-526 Petition, provided specific conditions are met.
It may be interesting to note that under U.S. immigration laws, a “child” is defined as any offspring of a parent that is under 21 years old. Once a “child” turns 21, then they are defined as a “son or daughter”.
The following conditions must be met for the child’s status to be maintained for a subsequent Petition. The child must remain unmarried, and the Petition must be filed by the principal investor (the parent or primary investor) no later than one year after the termination of the investor’s Conditional Resident Status. This helps ensure that the child, even after turning 21, can still benefit from the family-sponsored EB-5 immigration process, maintaining continuity for the family.
A crucial limitation in this clause is that no foreign national may be regarded as a “child” for more than one Petition submitted after turning twenty-one. This gives the immigration process boundaries and guarantees that the “child” status is not extended indefinitely.
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