The US Citizenship and Immigration Services (USCIS) updated its policy manual. They changed 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.
Indian H-1B Visa Holders
Families of Indian H-1B visa holders are concerned about this policy shift. Many of them face multi-decade visa backlogs. Once the children turn 21, children born outside the US risk losing green card eligibility even if they have spent most of their lives in the country and culturally identify as American. Many are criticising this new policy while others are lauding it.
An X (formerly Twitter) user writes, "They were never eligible for a *green card* by default. I don’t know what this open borders economic-zone venture capitalist is talking about. The image he quotes is just about how age is calculated. And hopefully children born in America to H-1B visa holders are not given citizenship in the future. They’re not “subject to the jurisdiction” of our laws like American citizens are and thus their children should not be considered “natural born” citizens."
USCIS Aligns With State Department
Previously, inconsistent policies led to different age calculations for applicants adjusting status within the US compared to those applying for immigrant visas abroad. This update aims to align USCIS and the Department of State on using the same chart to determine when a visa becomes available.
According to The Economic Times, "Previously, USCIS used the Dates for Filing chart to determine visa availability for CSPA age calculations, which sometimes led to differences between applicants inside and outside the US. Under the new policy, both USCIS and the Department of State will rely on the Final Action Dates chart. This means a visa is considered “available” only when the Final Action Date becomes current. The change can reduce the period during which a child is protected under the CSPA, potentially causing some to age out earlier than before."
Loss Of Legal Status
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,” resulting in the loss of their legal status.
