Clearing Up the Confusion Around Age-Out Risk and Concurrent Filing in EB-5

Clearing Up the Confusion Around Age-Out Risk and Concurrent Filing in EB-5

Clear Guidance for EB-5 Investors: Avoiding Confusion and Aggressive Marketing Tactics

Published on 12/30/25  – Melissa Antone – Director of Global Initiatives – International Creative Capital

Recent headlines and marketing language circulating in the EB-5 space have raised concern among families, particularly those who are not from the United States and are looking for a safe path to US residency through investment, implying that children’s ages are no longer protected unless an investor chooses a rural EB-5 project. Messages like this can confuse or worry foreign investors and often leave out important details about what actually changed. As a result, the situation can be misunderstood.

At International Creative Capital, our role is not to sell fear or direct investors into one category of project. Our role is to provide clear information, explain risk honestly, and help families make decisions based on facts rather than pressure.

Understanding What Actually Changed and What Did Not

On August 15, 2025, policy guidance clarified that concurrent filing alone does not automatically “lock” a child’s age indefinitely. That does not mean that children are suddenly at risk in all non-rural projects, nor does it mean rural EB-5 is the only safe option for families.

This is not a newly announced policy. USCIS made this change to CSPA age calculations effective August 15, 2025.

Age-out risk depends on multiple factors, including:

  • The child’s actual age at filing
  • Visa availability at the time of filing and throughout processing – No backlogs as of 12/30/25 for reserved categories.
  • Country of Birth – No current backlogs as of 12/30/25 for reserved categories
  • Overall processing timelines
  • USCIS does not state that Rural projects protect the child’s age over the other TEA reserved categories.

For many families, especially those with children well under 18 at filing, can invest in any TEA project, because all visa categories under TEA are all current, meaning that Visas are available in all EB-5 categories at this time. However, some marketing messages suggest families should choose a specific project type to protect their children. This type of messaging can create unnecessary fear, confusion, and doubt for investors. Here is a link to the USCIS official website for Chapter 7 – Child Status Protection Act https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-7

Where Confusion Commonly Arises

The most common misunderstanding involves assuming that:

  • Filing an I-485 early still locks age (it does not, under the new rule), or
  • Rural EB-5 is the only way to protect children from aging out (this is not accurate)

The only meaningful age-out risk under the new policy arises when:

  • A child is already very close to age 21 at filing, and
  • There is unexpected visa retrogression before I-526E approval

For younger children in TEA projects from China or India while Final Action Dates remain current, this risk is generally low and manageable.

Why Fear-Based EB-5 Marketing Is Dangerous

When concerns are overstated, investors may feel pressured into:

  • Choosing projects they don’t fully understand
  • Accepting higher development or execution risk
  • Making rushed decisions based on fear rather than suitability

This is where families can be unintentionally steered into riskier projects, not because it benefits them, but because it benefits the marketer.

No EB-5 investment should ever be selected solely to “solve” a problem that may never apply.

The Importance of Independent Factchecking

EB-5 is complex. No single headline, especially one designed for marketing, can replace proper analysis.

We strongly encourage investors to:

  • Verify policy interpretations directly with USCIS guidance
  • Speak with a reputable regional center with a long approval track record
  • Consult an independent immigration attorney who is not financially tied to the project being promoted

Independent legal advice is critical to understanding whether a perceived risk is real, theoretical, or simply being made to sound worse than it is for sales purposes.

One Size Does Not Fit All in EB-5

Rural EB-5 can be an excellent option for the right investor, including potential benefits from priority processing of petitions. Still, it is not automatically safer, not universally necessary, and not appropriate for every family.

Likewise, High Unemployment TEA (often referred to as urban) and Infrastructure TEA are all viable options that benefit from reserved visa categories. Click here for the USCIS Policy Manual Part G for EB-5 https://www.uscis.gov/policy-manual/volume-6-part-g

The right EB-5 project is the one that aligns with:

  • Your family’s immigration timeline
  • Your child’s age profile
  • Your risk tolerance
  • Your capital protection priorities
  • Verifiable facts, not fear-based assumptions

A Final Word for EB-5 Families

If something you read makes you feel rushed, anxious, or afraid of “missing out,” pause.

EB-5 decisions affect your family’s future, your capital, and your peace of mind. They should be made with clarity, verified information, and trusted guidance, not pressure.

At ICC, we believe the most responsible approach is a well-informed investor. Ask questions. Fact-check claims. Seek independent advice. And never assume that the loudest marketing message is the most accurate one.