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MASCOUCHE · EB-5 FIELD GUIDE

Does signing the subscription before my child’s birthday lock in their age?

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THE DIRECT ANSWER

Do not rely on that assumption. A private subscription date is not by itself a determination under the applicable age-protection rules.

Review the real immigration milestones early

Identify the relevant petition and visa-process events and any required action under the actual rules. Avoid promising the same move date for everyone until the child’s individual eligibility and processing are assessed.

Map petition review and visa availability to immigrant visa issuance and admission, or eligible adjustment, followed by conditional residence, and ordinarily an I-829 filed in the ninety days before the second anniversary of that residence. Early enough that the gift is complete, traced and invested or actively being invested before the petition is filed, because capital is tested at filing. Preserve the case records and track the actual later immigration stages. Anchor the removal-of-conditions calendar to the investor’s own conditional permanent-residence dates, not the project’s petition, construction or repayment milestones. Maintain evidence throughout that the investment met applicable sustainment requirements, the required ten full-time jobs were created or will be created within the permitted framework, and the investor retained qualifying management or policy participation. A regional center's construction schedule and its projected job creation are business milestones, not immigration dates.