USCIS updates policy on CSPA age calculation for H-1B children: Here’s why thousands may lose green card eligibility after turning 21

The US Citizenship and Immigration Services (USCIS) has announced an important update to its policy on calculating age under the Child Status Protection Act (CSPA). This change affects how the agency determines the availability of visas for immigrant children applying for lawful permanent resident status. The update aims to align USCIS practices with those of the Department of State, ensuring consistent treatment for applicants inside and outside the US. Under the new guidance, USCIS will use the Final Action Dates chart from the Department of State Visa Bulletin to calculate when a visa becomes available for CSPA age purposes. This applies to requests filed on or after August 15, 2025. Cases pending before this date will continue to be processed under the previous policy introduced on February 14, 2023, which some applicants relied on when they filed their adjustment of status applications.Understanding the policy update on CSPA age calculationThe CSPA was enacted to protect certain unmarried alien children under the age of 21 from losing eligibility for lawful permanent resident status due to lengthy immigration processing times. Generally, a child must be under 21 to qualify for a green card based on a parent’s approved petition. If the child turns 21 during the process, they typically “age out” and lose eligibility.Under the revised policy, USCIS and the Department of State will use the Final Action Dates chart to determine when a visa becomes available for CSPA calculations. This adjustment eliminates the previous inconsistency that arose from USCIS applying the Dates for Filing chart while the Department of State used the Final Action Dates chart. The February 14, 2023, policy had created disparities between applicants adjusting status within the U.S. and those applying for immigrant visas abroad.Impact on immigrant children and visa backlogThousands of children of long-term visa holders, especially from India and China, are likely to be affected by this change. The updated guidance means that children who turn 21 before a visa becomes available according to the Final Action Dates chart will lose their chance at permanent residency. This is particularly significant for families caught in decades-long visa backlogs associated with employment-based preferences.To benefit from the CSPA age calculation, an applicant must seek to acquire lawful permanent residence within one year of visa availability. USCIS will consider the “sought to acquire” requirement satisfied if applicants demonstrate extraordinary circumstances for failing to file within this timeframe. For those with applications pending before August 15, 2025, the February 14, 2023, policy remains applicable if extraordinary circumstances are proven.Ensuring consistent application of visa availability rulesThe updated policy is intended to create uniformity in how visa availability is determined for CSPA purposes between USCIS and the Department of State. Both agencies will now rely exclusively on the Final Action Dates chart from the Visa Bulletin, thereby reducing discrepancies in treatment of applicants inside and outside the United States.The policy change reflects concerns over the treatment of “documented dreamers”—children of long-term visa holders who grow up in the US but face removal once they lose dependent status after turning 21. The update is seen as a significant shift in how age calculations are made, potentially closing avenues that previously allowed some children to retain eligibility despite lengthy delays.Key points for affected families• The policy change takes effect for requests filed on or after August 15, 2025.• Applications pending before this date will follow the February 14, 2023, policy if extraordinary circumstances are demonstrated.• Visa availability for CSPA age calculation will be based solely on the Final Action Dates chart of the Visa Bulletin.• Applicants must seek lawful permanent residence within one year of visa availability to benefit from CSPA protections.• Extraordinary circumstances can be considered for late filings under both policies.The USCIS update thus represents a significant development in immigration policy, impacting thousands of immigrant children navigating the complex green card process. The revised age calculation method aims to standardise visa availability assessments but also tightens eligibility criteria for certain applicants.TOI Education is on WhatsApp now. Follow us here.