USCIS Updates Policy Manual on Child Status Protection Act Age Calculation for H-1B Visa Holders' Children.

The US Citizenship and Immigration Services (USCIS) has updated its policy manual regarding the Child Status Protection Act (CSPA) age calculation. The new guidance, effective for requests filed on or after August 15, 2025, clarifies that visa availability for CSPA age calculation will be based on the Final Action Dates chart in the Department of State's Visa Bulletin. This aims to align USCIS and the Department of State on using the same chart to determine when a visa becomes available. The policy applies to children of H-1B workers living in the US, who were born outside the country and are caught in years-long visa backlogs, losing their eligibility for a green card once they turn 21 and "age out."

The US Citizenship and Immigration Services (USCIS) has announced a significant update to its policy manual regarding the Child Status Protection Act (CSPA) age calculation. Effective for requests filed on or after August 15, 2025, the new guidance clarifies that visa availability for CSPA age calculation will be based on the Final Action Dates chart in the Department of State's Visa Bulletin. This aims to align USCIS and the Department of State on using the same chart to determine when a visa becomes available.

The CSPA is a law designed to protect children from "aging out" while waiting in the green card backlog. Until now, USCIS allowed families to use the "Dates for Filing" chart to calculate a child's CSPA age, which often gave children extra protection by "locking in" their age earlier. However, starting August 15, 2025, USCIS will only use the "Final Action Dates" chart to determine CSPA age.

This change is particularly significant for Indian families in the EB-2 and EB-3 categories, who often face years-long backlogs. For these families, the Final Action Dates are often years behind the Dates for Filing. This means children who were previously safe under the earlier calculation could now turn 21 before the Final Action Date is reached, losing eligibility as dependents. In such cases, the child would have to switch to a student visa (F-1) or another temporary status, while parents move forward with their green cards, effectively splitting families' immigration paths.

USCIS has stated that the old policy will still apply to adjustment of status applications filed before August 15, 2025, if the applicant relied on the earlier rule when submitting paperwork. However, for new applications, the Final Action Dates chart will be used to calculate CSPA age.

The CSPA applies to children of immediate relatives, family-sponsored preference principal applicants, employment-based preference derivative applicants, and others. It provides a method for calculating a person’s age to see if they meet the definition of a child for immigration purposes, allowing some people to remain classified as children beyond their 21st birthday. However, the CSPA does not change the requirement that you must be unmarried in order to remain eligible for classification as a child.

This policy change underscores the importance of staying informed about immigration policy updates and the potential impact on green card eligibility for children of H-1B workers living in the US. It is crucial for affected families to consult with immigration professionals to understand the implications and explore potential options.

References:
[1] https://www.financialexpress.com/business/investing-abroad-new-uscis-rule-threatens-green-card-eligibility-of-indian-children-3940967/
[2] https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa