Important Updates
Important Updates
April 21, 2026 | Russia, Saudi ArabiaRussia/Saudi Arabia: Mutual Visa-Free Entry Forthcoming
April 24, 2026 | United StatesUnited States: April 2026 DOL PERM and PWD Processing Times
April 23, 2026 | United Kingdom, United StatesCitywealth Leaders List: Top 30 Immigration Advisors 2026 Recognises Four Fragomen Professionals
April 22, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
April 22, 2026 | Saudi ArabiaSaudi Arabia: Nitaqat Calculation Now Requires Online Contract Submission
April 21, 2026 | Russia, Saudi ArabiaRussia/Saudi Arabia: Mutual Visa-Free Entry Forthcoming
April 24, 2026 | United StatesUnited States: April 2026 DOL PERM and PWD Processing Times
April 23, 2026 | United Kingdom, United StatesCitywealth Leaders List: Top 30 Immigration Advisors 2026 Recognises Four Fragomen Professionals
April 22, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
April 22, 2026 | Saudi ArabiaSaudi Arabia: Nitaqat Calculation Now Requires Online Contract Submission
April 21, 2026 | Russia, Saudi ArabiaRussia/Saudi Arabia: Mutual Visa-Free Entry Forthcoming
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Special “Age-Out” Considerations for Special Needs Children

February 23, 2024

Children abstract

Country / Territory

  • United StatesUnited States

Related contacts

Fragomen-Porthole-Template---New-York-Atassi_0

Isha Atassi

Partner

Fragomen in New York, NY, United States

Email

[email protected]

T:+1 212 230 2878

Related offices

  • Fragomen in New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Fragomen-Porthole-Template---New-York-Atassi_0

Isha Atassi

Partner

Fragomen in New York, NY, United States

Email

[email protected]

T:+1 212 230 2878

Related offices

  • Fragomen in New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Fragomen-Porthole-Template---New-York-Atassi_0

Isha Atassi

Partner

Fragomen in New York, NY, United States

Email

[email protected]

T:+1 212 230 2878

Related offices

  • Fragomen in New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Isha Atassi

Being in the United States on a visa with older children can sometimes feel like a race against the clock to ensure they do not “age out” before securing a pathway to remain in the country long-term. Once a child turns 21, they are no longer considered a dependent under U.S. immigration law and cannot remain in the U.S. on a dependent visa, such as an H-4, L-2, TD, F-2, or similar.

But what if you have a special needs child who will always be functionally dependent on you irrespective of their age? As the mother of a special needs, fully dependent teenager and an immigration attorney, Partner Isha Atassi empathizes with foreign nationals who are faced with this issue. She understands how difficult it can be to navigate the complexity of special needs children transitioning to “adulthood” while also worrying about their ability to remain in the U.S.

For fellow parents of special needs children who are in the U.S. on a visa, planning ahead is recommended, and you are encouraged to take proactive steps to ensure your and your family’s permanent residency if you wish to remain in the country. 

To get started, consider these three tips: 

  • If you are on a work visa, speak to your employer and explain your special considerations. While employers may have green card guidelines that specify when they will consider you for sponsorship, they may make an exception given your unique situation.
  • Take your green card timeline into your own hands. There are several options available for self-sponsorship that do not require your employer’s involvement. For example, depending on your credentials, you may be eligible to apply for a National Interest Waiver (NIW) or Extraordinary Ability (EB-1) green card – both of which do not require employer sponsorship. Fragomen offers assessments to determine if cases are viable, how they can be strengthened or how to consider alternative options.
  • Factor in the timeline to receive your green card and your child’s current age. For many foreign nationals born in India or China, for example, even if you start your green card process early, your child may be at risk of “aging out” due to backlogs in the more traditional EB-2 and EB-3 green card categories. You may need to explore alternative categories with significantly faster timelines, such as the EB-5 investor program. Choosing the right EB-5 project to invest in is the key to ensuring an accelerated processing time, irrespective of your country of birth. Industry professionals will be able to guide you through the best options for you and your family.

Need to know more?

It is critical to start the green card process early and be strategic about your options to ensure your child is in the best position possible to achieve success. For more information, please contact Partner Isha Atassi at [email protected].

This blog was published on February 23, 2024, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.

Country / Territory

  • United StatesUnited States

Related contacts

Fragomen-Porthole-Template---New-York-Atassi_0

Isha Atassi

Partner

Fragomen in New York, NY, United States

Email

[email protected]

T:+1 212 230 2878

Related offices

  • Fragomen in New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Fragomen-Porthole-Template---New-York-Atassi_0

Isha Atassi

Partner

Fragomen in New York, NY, United States

Email

[email protected]

T:+1 212 230 2878

Related offices

  • Fragomen in New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Fragomen-Porthole-Template---New-York-Atassi_0

Isha Atassi

Partner

Fragomen in New York, NY, United States

Email

[email protected]

T:+1 212 230 2878

Related offices

  • Fragomen in New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Work authorization

Ireland Immigrant Investor Programme: Is the “Golden Visa” Route Now Closed?

Senior Manager Samantha Arnold examines the closure of Ireland’s Immigrant Investor Programme and outlines the limited remaining options for high net worth individuals seeking Irish residence through approved investment and charitable donation routes.

Learn more

Video

May 2026 Visa Bulletin | #MobilityMinute

Partner Melissa Vasquez-Myers highlights key updates from the May 2026 Visa Bulletin, including a pause in employment-based advancement, continued movement in family-based categories and a warning of potential retrogression later this fiscal year.

Learn more

Awards

Citywealth Leaders List: Top 30 Immigration Advisors 2026 Recognises Four Fragomen Professionals

Partners Parisa Karaahmet, Raquel Liberman and Julia Onslow-Cole and Practice Leader Olga Nechita are recognised in Citywealth’s Top 30 Immigration Advisors 2026 for their leadership in advising high-net-worth individuals and families on global mobility and cross-border planning.

Learn more

Work authorization

Family Reunification in Switzerland: Key Scenarios, Requirements and Risks

Manager Quentin Pache outlines the main family reunification pathways available in Switzerland, highlighting key eligibility requirements, procedural deadlines and practical risks that frequently lead to delays or refusals. 

Learn more

Media mentions

The Sunday Times: How to Make Your Move from the UK to the NetherlandsLearn more

Brexit

UK–EU Youth Mobility: Progress, Trade-offs and the Reality of Agreement

UK Government Affairs Strategy Director Shuyeb Muquit explains how a possible UK–EU Youth Mobility Scheme could work in practice, what challenges remain and what it may mean for young people and employers.

Learn more

Awards

12 Fragomen Lawyers Named to 2026 Pro Bono Recognition List

Twelve Fragomen lawyers are recognized on the 2026 Pro Bono Recognition List, reflecting their commitment to providing free legal assistance to those in need.

Learn more

Media mentions

Times Higher Education: Share Agent ‘Bad Actor’ Data With Universities, Home Office Told

Senior Immigration Manager Jonathan Hill discusses new UK guidance suggesting the Home Office may use data to assess agent trust, raising questions about transparency and compliance demands.

Learn more

Video

Understanding Thai Visa Categories: Travel, Work, Study, Retirement and More

In this video, Partner Aim-on Larpisal provides a high-level overview of common Thai visa categories and how they are structured based on purpose of stay, including tourism, work, education and long-term residence.

Learn more

Work authorization

The H-1B Cap Lottery FY 2027 is Complete: What Employers Should Do Next

Partner Chad Blocker outlines what employers should do following completion of the FY 2027 H-1B cap lottery, explains the factors behind lower demand and higher selection rates and highlights key filing risks, timelines and alternative visa options to consider next.

Learn more

Media mentions

EB-5 Investors: May Visa Bulletin Advances EB-5 Dates for Chinese Investors, Cautions Retrogression for India

Senior Counsel Mitch Wexler discusses China’s EB-5 Unreserved category advancing to September 22, 2026, while India’s dates remain unchanged with potential for retrogression amid sustained demand.

Learn more

Media mentions

Citywealth: Tens of Thousands Leave the Gulf for the UK, For Now

Partner Julia Onslow-Cole discusses Middle East-based UHNW clients making short-term moves driven by schooling and timing considerations.

Learn more

Work authorization

Ireland Immigrant Investor Programme: Is the “Golden Visa” Route Now Closed?

Senior Manager Samantha Arnold examines the closure of Ireland’s Immigrant Investor Programme and outlines the limited remaining options for high net worth individuals seeking Irish residence through approved investment and charitable donation routes.

Learn more

Video

May 2026 Visa Bulletin | #MobilityMinute

Partner Melissa Vasquez-Myers highlights key updates from the May 2026 Visa Bulletin, including a pause in employment-based advancement, continued movement in family-based categories and a warning of potential retrogression later this fiscal year.

Learn more

Awards

Citywealth Leaders List: Top 30 Immigration Advisors 2026 Recognises Four Fragomen Professionals

Partners Parisa Karaahmet, Raquel Liberman and Julia Onslow-Cole and Practice Leader Olga Nechita are recognised in Citywealth’s Top 30 Immigration Advisors 2026 for their leadership in advising high-net-worth individuals and families on global mobility and cross-border planning.

Learn more

Work authorization

Family Reunification in Switzerland: Key Scenarios, Requirements and Risks

Manager Quentin Pache outlines the main family reunification pathways available in Switzerland, highlighting key eligibility requirements, procedural deadlines and practical risks that frequently lead to delays or refusals. 

Learn more

Media mentions

The Sunday Times: How to Make Your Move from the UK to the NetherlandsLearn more

Brexit

UK–EU Youth Mobility: Progress, Trade-offs and the Reality of Agreement

UK Government Affairs Strategy Director Shuyeb Muquit explains how a possible UK–EU Youth Mobility Scheme could work in practice, what challenges remain and what it may mean for young people and employers.

Learn more

Awards

12 Fragomen Lawyers Named to 2026 Pro Bono Recognition List

Twelve Fragomen lawyers are recognized on the 2026 Pro Bono Recognition List, reflecting their commitment to providing free legal assistance to those in need.

Learn more

Media mentions

Times Higher Education: Share Agent ‘Bad Actor’ Data With Universities, Home Office Told

Senior Immigration Manager Jonathan Hill discusses new UK guidance suggesting the Home Office may use data to assess agent trust, raising questions about transparency and compliance demands.

Learn more

Video

Understanding Thai Visa Categories: Travel, Work, Study, Retirement and More

In this video, Partner Aim-on Larpisal provides a high-level overview of common Thai visa categories and how they are structured based on purpose of stay, including tourism, work, education and long-term residence.

Learn more

Work authorization

The H-1B Cap Lottery FY 2027 is Complete: What Employers Should Do Next

Partner Chad Blocker outlines what employers should do following completion of the FY 2027 H-1B cap lottery, explains the factors behind lower demand and higher selection rates and highlights key filing risks, timelines and alternative visa options to consider next.

Learn more

Media mentions

EB-5 Investors: May Visa Bulletin Advances EB-5 Dates for Chinese Investors, Cautions Retrogression for India

Senior Counsel Mitch Wexler discusses China’s EB-5 Unreserved category advancing to September 22, 2026, while India’s dates remain unchanged with potential for retrogression amid sustained demand.

Learn more

Media mentions

Citywealth: Tens of Thousands Leave the Gulf for the UK, For Now

Partner Julia Onslow-Cole discusses Middle East-based UHNW clients making short-term moves driven by schooling and timing considerations.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.