What EB-5 Families Need to Know About the New CSPA Rules
What EB-5 Families Need to Know About the New CSPA Rules
Families pursuing U.S. residency through the EB-5 program must take note of a significant change in how U.S. Citizenship and Immigration Services (USCIS) applies the Child Status Protection Act (CSPA).
As of August 15, 2025, USCIS now calculates a child’s immigration age using only the Final Action Dates chart from the State Department’s Visa Bulletin. This new rule eliminates the more flexible approach that had been in place since February 2023, where many applicants were able to rely on the earlier Dates for Filing chart.
For EB-5 families with children nearing 21, this adjustment reduces protection and increases the risk of “aging out.”
What Is the CSPA?
U.S. immigration law defines a “child” as an unmarried person under the age of 21. Once a dependent turns 21, they generally lose eligibility to be included on a parent’s green card application. This situation is known as “aging out.”
The CSPA, passed in 2002, provides relief by allowing certain children to keep their eligibility despite visa backlogs. It “freezes” a child’s age once a visa is considered “available,” while also subtracting the amount of time the underlying petition was pending. If this “CSPA age” is still under 21, the child remains protected.
How the Rules Worked Before August 2025
Between February 14, 2023, and August 14, 2025, USCIS allowed applicants inside the U.S. (adjustment of status) to rely on the Dates for Filing chart. Because that chart generally advanced faster than the Final Action Dates chart, families were often able to lock in CSPA protection earlier, giving children a much better chance of remaining eligible.
The Rule in Effect Today
Since August 15, 2025, USCIS has returned to a stricter interpretation. For all new adjustment of status filings, a visa is considered available only when it becomes current under the Final Action Dates chart.
This change aligns USCIS with the Department of State, which has always used Final Action Dates for consular processing. However, it means children now have less time to secure protection. The new policy applies to all adjustment of status applications filed on or after August 15, 2025.
Cases already pending before that date remain under the earlier, more favorable Dates for Filing standard. USCIS has also stated it may consider “extraordinary circumstances” for families who were unable to file before the cutoff.
Why This Matters for EB-5 Families
For EB-5 investors, the precise date a visa becomes available can be the deciding factor in whether a child qualifies as a derivative or ages out.
Example:
Under the February 2023 policy, a family from India with a priority date that became current on the Dates for Filing chart in mid-2025 could freeze a child’s age at that point. After subtracting the time the I-526E was pending, the child might remain under 21.
Under the current rule, the family must now wait until the Final Action Date becomes current—often many months or years later. By then, the child’s CSPA age calculation may no longer keep them under 21.
This risk is particularly acute for families from China and India, where EB-5 visa backlogs already create long waiting times. For many of these families, the timing difference between Dates for Filing and Final Action Dates will determine whether children can immigrate with their parents or must pursue separate, far more difficult pathways.
While EB-5 families face unique stakes, the CSPA update affects employment-based immigration more broadly. Children close to 21 in other categories also stand to lose protection, raising concerns about family separation and complicating long-term planning. For businesses sponsoring global talent, the rule may create retention issues if dependents lose eligibility.
What EB-5 Families Should Do Now
Reassess eligibility immediately. Families with children near 21 should calculate CSPA ages under the new Final Action Date standard.
Review any pending filings. Adjustment of status applications filed before August 15, 2025, still benefit from the earlier policy.
Monitor the Visa Bulletin closely. Monthly shifts in Final Action Dates can affect whether children remain eligible.
Consider alternative strategies. Families at risk may need to explore options such as student visas, employment-based petitions, or separate immigration filings for older children.
Seek professional guidance. Given the complexity of these calculations, relying on general information or assumptions carries risk.
How We Can Support Your Family
The August 2025 CSPA update illustrates how even subtle procedural shifts can have profound consequences for EB-5 investors. While the change may appear to be a technical adjustment, for families it can mean the difference between immigrating together and facing years of separation.
At Arcasia Advisors, we understand how to navigate these policy updates and anticipate their impact. Our team monitors developments closely, helps investors align filing strategies with new rules, and ensures that family members’ eligibility is protected wherever possible.
The EB-5 process is about more than selecting a project. It is about safeguarding your family’s future.
If you are considering EB-5 and have children nearing 21, it is essential to understand how the current CSPA rules apply to your case. Contact Arcasia Advisors today to discuss your situation and learn how we can guide you through these changes with clarity and foresight.
