Aging-Out Issues in Family Immigration
In the case of an employment-based petition, the filing date of the labor certification application is irrelevant for computing a child’s CSPA age. According to the USCIS memorandum, the “period during which the applicable petition was pending” for the I-140 is calculated from the date the I-140 petition was properly filed (receipt date; not priority date) until the final approval date, including any period of administrative review.
