It can matter. He derives from your petition as an unmarried child under 21, and any age protection is fact-specific, not a promised outcome. A later filing can affect age-protection calculations and the priority date, so counsel should model both options against his actual birth date before you sign anything with the new project.
Derivative eligibility when the filing date moves later
Each family member is separately admissible, and shared facts about the funds can affect several files at once, but derivative eligibility still depends on your petition standing. Applicants abroad do not need prior U.S. status simply to apply; adjustment inside the United States has separate eligibility requirements, and a pending case gives no work or travel permission by itself — an independent authorization someone already holds is a different thing. Counsel advises here; the government decides.
EB-5 permits the investor’s spouse and unmarried children under 21 to obtain conditional permanent residence as derivatives, each paying their own immigrant-visa or adjustment fees. Eligible derivative spouses and unmarried children under 21, with applicable CSPA review, need their own records and residence planning. A spouse and unmarried children under 21 may be derivative beneficiaries, but each person’s age, relationship evidence, location, and immigration history can affect process questions.