A major change in U.S. immigration rules, taking effect August 15, 2025, could jeopardize the green card prospects of thousands of children—particularly from Indian H‑1B families—caught in America’s long visa backlogs.
What’s Changing
The U.S. Citizenship and Immigration Services (USCIS) has updated its Child Status Protection Act (CSPA) age‑calculation policy.
Old rule (Feb 14 2023 policy): Age was “frozen” using the more generous Dates for Filing chart, giving families extra time to secure green card eligibility for children.
New rule (Aug 15 2025 onwards): USCIS will now use the stricter Final Action Dates chart from the State Department’s Visa Bulletin to determine when a visa is “available” for CSPA purposes.
BANNON: Globalists and big tech push H1B visas, now adding spouses as a path to green cards. We don’t need them, foreign students, or worker visas right now. Foreign students should leave after graduation. Nations should keep their best and brightest. America can’t be imperialist… pic.twitter.com/DMMT0syHkx
— Grace Chong, MBI (@gc22gc) August 15, 2025
Why It Matters
Under U.S. law, a “child” for immigration purposes must be unmarried and under 21. If a dependent turns 21 before the green card is approved, they “age out” and lose eligibility—even if they’ve lived in the U.S. for most of their lives.
The CSPA was designed to shield some children from this outcome by freezing their immigration age during processing delays. The new calculation method shortens that protection window, meaning more children could lose status before their parents’ cases are finalized.
Who’s Most Affected
Indian families are expected to be hit hardest, as they face some of the longest employment‑based green card waits in the world—often decades in the EB‑2 and EB‑3 categories.
USCIS data shows 73% of approved H‑1B petitions in FY 2023 were for Indian nationals.
Immigration analysts warn that tens of thousands of dependent children could be forced to leave the U.S. or switch to costly student visas once they age out.
Transitional Relief
Applications filed before Aug 15, 2025, will still be assessed under the Feb 14 2023 policy.
Families with pending cases are being urged by immigration attorneys to file immediately if eligible, to lock in the more favourable age‑calculation method.
Broader Context
The change aligns USCIS and the State Department on a single standard, ending discrepancies between applicants filing inside and outside the U.S.. However, critics say it undermines the intent of the CSPA and disproportionately harms children from countries with severe visa backlogs.
Next Steps for Families:
Immigration experts recommend reviewing your priority date, consulting a qualified attorney, and exploring alternative visa options for dependents approaching 21.