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Raises concerns for H-1B families
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New rule shifts visa age calculation to Final Action Dates chart, heightening risk of children ‘aging out’ of green card eligibility
The US Citizenship and Immigration Services (USCIS) has revised its policy manual on the Child Status Protection Act (CSPA), altering how children’s ages are calculated for green card eligibility. Effective August 15, 2025, visa availability for CSPA calculations will now be determined using the Final Action Dates chart from the Department of State’s Visa Bulletin, instead of the previous Dates for Filing chart, reported gujaratsamachar.com.
Under the Immigration and Nationality Act (INA), a “child” is defined as an unmarried individual under 21. If an applicant crosses this age threshold before receiving permanent residency, they can no longer be classified as a child, forcing them to file a new application or risk losing eligibility altogether. This situation, known as “aging out,” has been a persistent challenge for immigrant families facing years-long visa backlogs.
The change is expected to increase the risk of children of long-waiting applicants—especially Indian H-1B families—‘aging out’ of green card eligibility after turning 21
The USCIS noted that aligning CSPA age calculations with the Final Action Dates chart ensures consistency with the Department of State. However, immigration experts warn that this reduces the time children remain protected under CSPA, intensifying uncertainty for families already waiting in queues stretching over decades.
The policy shift is of particular concern for Indian-origin H-1B visa holders, whose children, born outside the US, risk losing eligibility once they turn 21. Many could be forced to leave the US or restart the process under different visa categories, disrupting families and careers.
Who is eligible under CSPA?
- Immediate relatives (including derivatives of widow/er applicants)
- Family-sponsored preference principal and derivative applicants
- VAWA self-petitioners and derivatives
- Employment-based preference derivatives
- Diversity Visa (DV) derivatives
- Derivative refugees
- Derivative asylees
