USCIS will use Final Action Dates for CSPA from Aug 15, 2025

Starting August 15, 2025, USCIS will change how it calculates a child’s age under the Child Status Protection Act (CSPA). The shift to using the Final Action Dates chart may cause more Indian children in EB-2 and EB-3 lines to age out and lose dependent green card eligibility.

The policy applies nationwide, affects employment-based families stuck in long backlogs, and will use visa availability dates that often lag years behind filing dates. Cases filed and pending before August 15, 2025 that relied on the old method can still use the previous calculation.

What the change does

• USCIS will base CSPA age on the Department of State’s Final Action Dates chart instead of the Dates for Filing chart.
• The Final Action Dates chart shows when a visa number is truly available for approval. Dates for Filing allowed earlier submissions and helped lock a younger age.
• For Indian EB-2 and EB-3, Final Action Dates are often far behind. Many children who were previously protected may now turn 21 before a visa is available.

Why this matters to Indian families

• EB-2 and EB-3 green card waits for Indian nationals can run many years. A child who turns 21 before the immigrant visa becomes available is no longer a “child” under the law and cannot immigrate as a dependent.
• Parents may still obtain green cards later, but their children might need separate paths such as F-1 student status. This can split families and increase costs.

What remains the same for now

• USCIS will honor the old approach for adjustment of status (AOS) applications pending before August 15, 2025, if they were filed based on Dates for Filing and the family relied on that rule.
• The legal definition of “child” under the INA remains unmarried and under 21. The change narrows CSPA protection but does not eliminate it.

How CSPA works (simple terms)

• CSPA subtracts the time an immigrant petition (typically the I-140) was pending from the child’s age at the time a visa becomes available.
• If the adjusted age is under 21, the child remains eligible.
• Under the new policy, “visa becomes available” is tied to Final Action Dates for the age calculation.

A family scenario

• A parent from India in EB-2 sees Dates for Filing become current and files AOS for the whole family, including a 20-year-old child.
• Under the old policy, the child’s CSPA age could be locked at filing.
• Under the new policy, CSPA age depends on when the Final Action Date becomes current. If that happens after the child’s 21st birthday (even after subtracting petition-pending time), the child may age out.

What people can do before August 15

1. If eligible, file adjustment of status now and document reliance on the Dates for Filing approach.
2. Keep proof of I-140 petition pending time and approval notices. That time directly affects CSPA math.
3. Track the Visa Bulletin monthly and note both charts for EB-2 and EB-3 India.

Options if a child may age out

• Consider an F-1 student visa to keep lawful status and continue studies in the United States.
• Explore family-based sponsorship in the future, or employer sponsorship if the child later qualifies for their own employment-based category.
• Review requests based on “extraordinary circumstances.” USCIS may consider them case by case, but they’re not guaranteed and should be prepared carefully.

Voices from the field

“Families planned around Dates for Filing for years. Tying CSPA age to Final Action Dates will leave many Indian children exposed to long retrogression,”
— an immigration attorney who handles employment-based backlogs.

“We filed as soon as we could because our daughter was 19. Now we’re worried the Final Action Date won’t be current in time,”
— a software engineer from Bengaluru working in the United States on H‑1B.

Key points at a glance

• New rule date: August 15, 2025
• Who’s affected: Indian EB-2 and EB-3 families with dependent children nearing 21
• Main change: CSPA age tied to Final Action Dates instead of Dates for Filing
• Grandfathering: Pending AOS filed before August 15 relying on the old rule can use the earlier method
• Result: Higher risk that children age out and need other status

Process notes and forms

• Families filing adjustment of status use Form I-485. Find Form I-485 on the official USCIS website.
• Employment-based applicants must keep copies of the I-140 petition and approval. Find Form I-140 on the official USCIS website.
• If switching a child to student status:
  • Use Form I-20 from the school.
  • Later apply for F-1 at a consulate or, if eligible, by change of status.
  • See official information on study visas at the U.S. Department of State.

Policy context

• The CSPA was designed to help children stuck in backlogs by subtracting I-140 pending time from their age. The protective calculation still exists, but the key moment when a visa is considered available now ties to Final Action Dates.
• Because Final Action Dates often retrogress for India EB-2 and EB-3, the scope of protection under CSPA is reduced.
• There is no change to birthright citizenship. Children born in the United States remain U.S. citizens. Court challenges to a 2025 attempt to end birthright citizenship have blocked that effort.
• Analysis by VisaVerge.com notes that this shift underscores how monthly Visa Bulletin movement directly shapes family planning.

What to watch in the Visa Bulletin

• Check both charts each month, but remember that for CSPA age under the new policy, Final Action Dates control.
• If Final Action Dates advance, a child’s CSPA age may fall under 21 after subtracting I-140 pending time.
• If they retrogress, waits can lengthen and the risk of aging out increases.

Practical tips

• Build a timeline: child’s birthdate, I-140 filing, I-140 approval, Final Action Date estimates.
• Run CSPA math with a qualified attorney; small date differences can change outcomes.
• Keep status flexible: if the child studies, maintain full-time enrollment and comply with F-1 rules to avoid gaps.
• Consider upgrading from EB-3 to EB-2 if possible. While both suffer delays, EB-2 sometimes moves faster and a better priority date can help.

Official resources

• For current Visa Bulletin charts and cut-offs, see the Department of State page for the Visa Bulletin — the single best place to check monthly movement.
• USCIS policy updates appear in the USCIS Policy Manual update page, which lists effective dates and implementation notes for CSPA and other topics.

Bottom line: The rule change makes timing more important. If you can file before August 15, 2025, do so with full documentation. After that date, plan for Final Action Dates to control CSPA age. Discuss backup status options for children nearing 21, keep filings clean and well-documented, and track the Visa Bulletin closely to reduce surprises and help keep families together when possible.