NRI PULSE STAFF REPORT
Washington, D.C., Aug. 11, 2025 — The U.S. Citizenship and Immigration Services (USCIS) has announced a major policy change that could affect how many children of H-1B visa holders and other immigrants qualify for green cards under their parents’ applications.
Starting August 15, 2025, USCIS will use the stricter “Final Action Dates” chart from the State Department’s monthly Visa Bulletin to determine a child’s age under the Child Status Protection Act (CSPA). Until now, USCIS used the more generous “Dates for Filing” chart, which often gave children more time to remain eligible before turning 21.
The CSPA helps certain unmarried children avoid “aging out” — losing eligibility for a green card if they turn 21 during the long immigration process. The new rule aims to make USCIS and the State Department use the same standard for both applicants in the U.S. and those applying from abroad.
Who is affected?
- The change applies to new applications filed on or after August 15, 2025.
- Adjustment of status applications already pending before that date will follow the February 14, 2023 policy, which used the more lenient “Dates for Filing” chart.
- Applicants who missed the one-year deadline to apply for permanent residence may still qualify if they can show extraordinary circumstances.
Under the new rule, children who turn 21 before the Final Action Date becomes current may no longer be eligible for a green card through their parent’s petition, even if they would have qualified under the old system.
Immigration attorneys say families — especially those on long green card waitlists such as many H-1B visa holders from India — should check the Visa Bulletin closely to see how the change might impact them.
