Enterline & Partners Consulting | info@enterlinepartners.com

Will The New EB-5 Processing Policy Help Children Who Might Otherwise Age Out?

United States Citizenship and Immigration Services (“USCIS”) recently announced it would change the way it will processes I-526 Petitions (“petitions”) for EB-5 investors. Called a Visa Availability Approach, (“VAA”) this process will apply to all petitions filed after March 31, 2020.

During a March 13, 2020 public stakeholders meeting, USCIS discussed how the new processing will work.

For petitions filed by investors from countries for which there is a backlog/waiting list for visa availability (China, Vietnam and India), the Investor Program Office (“IPO”) will not assign a petition to an examiner until the priority date is close to becoming current for that petition. The IPO will track the Department of State Visa Bulletin, Table B “Dates for Filing”, and when the priority date becomes current on Table B, the petition will be assigned to an examiner {EAP article explaining PDs, Table A and Table B}.

The new policy could have a positive impact on any children that might be close to aging out because a child’s age is frozen when a petition is filed and only begins to advance when the petition is approved. For example, a Vietnamese investor that might wait 6 or 7 years for a visa to become available. If the investor’s petition is approved in 2 or 3 years, the child’s age will begin moving forward quicker and the child might age out earlier. If the petition is not adjudicated for 5 or 6 years, the child’s age will stay frozen during this time and the child will be less likely to age out. This will allow for older children to remain eligible for a longer period and increase the chance they can immigrate with the parent. Although potentially beneficial to investors who have teenage children, it will be difficult to accurately predict at what age a child might be considered safe when filing a petition.

Enterline and Partners managing partner David Enterline has many years of experience representing EB-5 investors and can help you navigate the complex process. If you have any questions about this VAA or the EB-5 immigrant investor visa, please contact us at:

 

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office
3F, IBC building
1A Cong Truong Me Linh Str.
District 1, HCMC, Vietnam
Tel: +84 933 301 488
Email: info@enterlinepartners.com
Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ
Website: http://enterlinepartners.com

Manila, Philippines Office
Unit 2507 Cityland 10 Tower 1
156 H.V. Dela Costa Street
Makati City, Philippines 1209
Tel: +632 5310 1491
Email: info@enterlinepartners.com
Facebook: Enterline and Partners Philippines
Website: https://enterlinepartners.com/language/en/welcome/

CATEGORY
time
recent posts
CTA_Collection

contact us today for more information

Latest News

David Enterline Receives Recognition by AILA APAC for Contributions to the Chapter

Enterline and Partners Managing Attorney David Enterline was recently honored as the recipient of the “APAC Shout Out Award” for 2026.  The APAC is the Asia Pacific Chapter of the American Immigration Lawyers Association (“AILA”). APAC members are AILA members who have a part of their law practice in Asia or represent clients from Asia.  While most of its members are based in the U.S., some of its members, like David, live and work in Asia.  David received the recognition at the APAC 14th Annual Conference in New Delhi, India. In addition to joining the EB-5 Panel at the annual conference, David was recognized for his past contribution to the chapter, including serving as Co-Chair of many of its annual conferences, his work in fund raising to help subsidize conference expenses, and serving on various committees and areas of leadership in the chapter. The AILA APAC annual conferences are held

Read more >

Visa Application Processing at U.S. Consulates for the E-1 Treaty Trader and E-2 Treaty Investor Visa

The E-1 Treaty Trader and E-2 Treaty Investor visas are nonimmigrant visa categories that allow nationals of certain treaty countries to enter the United States to engage in substantial international trade or to develop and direct an investment enterprise. These visas are popular options for entrepreneurs, investors, and business owners who wish to establish or operate businesses in the United States without immediately pursuing permanent residency. Obtaining an E-1 or E-2 visa requires applying directly at a U.S. Embassy or Consulate abroad through consular processing. Overview of the E-1 and E-2 Visa Categories The E-1 Treaty Trader visa is designed for individuals or companies that conduct substantial trade between the United States and a treaty country. The trade must be principally between the United States and the treaty country, in which more than 50 percent of the total international trade of the enterprise must be between those two countries. Trade

Read more >

New Adjustment of Status Policy May Force Applicants To Attend Visa Interviews at a U.S. Embassy or Consulate

On May 22, 2026, the United States Citizenship and Immigration Services (“USCIS”) announced a shift in policy in which the agency will approve  Adjustment of Status (“AOS”) applicants for adjustment only in extraordinary circumstances. The policy, which USCIS says is consistent with long-standing immigration law and court decisions, will place a higher burden on nonimmigrants or those in the United States temporarily and may require them  to apply for immigrant visas at a U.S. Embassy or Consulate through consular processing. The revised policy, which is expected to be effective immediately, does not prevent nonimmigrants from applying for AOS, but it implies that such applicants will not be able to complete the adjustment process unless they can demonstrate they should receive the “extraordinary relief”  of adjustment.   The new policy is expected to significantly impact certain nonimmigrants such as those in the United States on B-1/B-2 Visitor Visas, spouses and children of

Read more >
Zalo
Phone
WhatsApp
Messenger
Messenger
WhatsApp
Phone
Zalo