취업이민에도 마찬가지로 적용됩니다.
다음을 읽어 보십시오.
* http://www.uscis.gov/files/nativedocuments/CSPA_30Apr08.pdf
(C) Derivative Beneficiaries – Family and Employment-Based.
The number of days that a petition is pending is the number of days between the date that the petition is properly filed (Form I-140 is considered properly filed on the receipt date and not priority date) and the date an approval is issued on the petition, including any period of administrative review. …
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Appendix
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d. An immigrant visa petition (either a Form I-130 or a Form I-140) was filed in 2000 when the derivative beneficiary was 20. When the petition was filed, the priority date for the principal’s classification was current. The visa petition was not approved until 2007, and a Form I-485 was filed one month after approval. The derivative beneficiary’s “age” for CSPA purposes would be 20 (the beneficiary was 27 when the I-485 was filed, but the visa petition was pending for 7 years). This derivative beneficiary can benefit from the CSPA since he or she applied for permanent residence within one year of visa number availability. The visa availability date in this example is the immigration petition approval date. Thus, this derivative beneficiary would be able to retain classification as a child.
* http://www.uscis.gov/files/pressrelease/CSPA2_pub.pdf
Derivative Beneficiaries – Family and Employment-Based
In addition to the direct beneficiary family-based preference category examples provided in the previous memorandum and above, section 3 of the CSPA also applies to derivative beneficiaries in both family-based and employment-based preference categories. Just as with the case of the Form I-130, with an adjustment based upon an approved Form I-140, Immigrant Petition for Alien Worker, …, the beneficiary’s age is to be calculated by first determining the age of the alien on the date that a visa number becomes available. …
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Examples
If a Form I-140 was filed in 1998 when the derivative beneficiary was 20, the priority date became available at that time, the Form I-140 was not adjudicated until today, and a Form I-485 was filed one month after approval, the derivative beneficiary’s “age” for CSPA purposes would be 20 (the beneficiary is 24 today, but the Form I-140 was pending for 4 years). Thus, this derivative beneficiary would be able to retain classification as a child.
If a Form I-140 was filed in 1998 when the derivative beneficiary was 20, the Form I-140 was adjudicated in 2000, a visa number was available at the time of approval, and the Form I-485 was filed today, the derivative beneficiary’s “age” for CSPA purposes would be 20 (the beneficiary was 22 at the time the visa number became available, and the Form I-140 was pending for 2 years). This beneficiary, however, could not benefit from the provisions of the CSPA because (s)he did not file a Form I-485 within one year of visa availability. Thus, this derivative beneficiary would be unable to retain classification as a child.
