The Child Status Protection Act (CSPA) aims to shield dependent children from losing green card eligibility due to extended processing delays. U.S. immigration law defines a "child" as someone who is unmarried and under the age of 21. Without CSPA protections, dependent children of H-1B visa holders risk losing their green card eligibility upon turning 21 if their application is still pending. Starting August 15, 2025, USCIS will enforce a new rule modifying how a child's age is calculated under the CSPA—one that may impact thousands of families, especially those from high-demand countries like India.
Eligibility Under the Revised Rule
To remain classified as a "child" under U.S. immigration law:
• The individual must be under 21 years old when the green card becomes available.
• The CSPA age is calculated using the formula:
CSPA Age = Age when the visa becomes available – Time the I-140 petition was pending.
• Under the new rule, only the Final Action Date from the Visa Bulletin will be used to determine visa availability.
Application Process and Filing Timing
1. Before August 15, 2025: Applicants may still benefit from the Dates for Filing chart when calculating CSPA age, depending on eligibility.
2. On or after August 15, 2025: Only Final Action Dates will be accepted for calculating CSPA eligibility.
3. Exceptional Circumstances: USCIS may allow late filings if delays were caused by extraordinary conditions.
Period of Protection
• Before the Policy Change: Filings submitted before the effective date may still be protected by the prior guidance.
• After the Policy Change: Children must rely solely on the Final Action Date chart, which typically moves more slowly.
Risks for H-1B Families
• Increased Aging-Out Risk: Older children nearing 21 may lose eligibility.
• Disproportionate Impact on Indian Nationals: Indian families face longer wait times, increasing vulnerability to the new policy.
• Alternative Visa Challenges: Children who age out may be forced to apply for an F-1 student visa or pursue other pathways independently.
Maintaining Eligibility
To help ensure a child remains eligible:
• Seek legal support to assess qualification for exceptions or alternate strategies.
• Explore backup options, including F-1 student visas or future family-based petitions.
Conclusion
The USCIS policy change on CSPA age calculations poses serious risks for dependent children of H-1B visa holders. Relying solely on Final Action Dates will likely exclude many from eligibility due to processing delays. Taking timely action, filing early, and seeking qualified legal guidance are essential steps to protect your child’s future. For more detailed information on recent policy updates, you can visit the USCIS official announcements page .
If your family is affected, consider scheduling a consultation with Direct U.S. Immigration to understand your options and next steps.