US Updates CSPA Age Calculation: Impact on EB-5, H-1B, and Green Card Kids

U.S. Citizenship and Immigration Services will change how it counts a child’s age for green card cases starting August 15, 2025, a shift that could cause more sons and daughters of EB-5 investors, H-1B workers, and other employment-based applicants to “age out” and lose dependent status. The agency will rely only on the Department of State’s Visa Bulletin “Final Action Dates” to decide when a visa is considered available for Child Status Protection Act (CSPA) age calculations. From February 2023 through August 2025, USCIS sometimes used the more generous “Dates for Filing” chart. The change aligns USCIS with the State Department’s practice and applies to adjustment of status applications filed on or after the August 15 Effective date, according to an August 8, 2025 update from USCIS.

Under the Child Status Protection Act, some applicants can keep “child” status after turning 21 if their CSPA-adjusted age is under 21 at the time a visa becomes available. The switch to Final Action Dates narrows that window, because Final Action Dates are usually later than Dates for Filing. As a result, fewer children will qualify for CSPA protection, and more will age out during long waits common in employment-based backlogs.

Policy change and effective date

USCIS says the move is meant to ensure consistency with the Department of State’s visa issuance process. That means officers will treat a visa as “available” for CSPA age purposes only when the Visa Bulletin’s Final Action Dates chart shows the applicant’s priority date as current.

During the February 2023–August 2025 period, USCIS sometimes treated a visa as available earlier by using Dates for Filing, which helped many families reduce the risk of a child aging out.

Key points:
– Effective date: August 15, 2025 — cases filed on or after that date will follow the new approach.
– Grandfathering: USCIS will continue to apply the earlier, more protective policy to adjustment of status applications filed before August 15, 2025.
– Extraordinary circumstances: The agency will consider extraordinary circumstances for applicants who missed filing under the prior policy, offering limited flexibility for some families.
– USCIS frames the revision as a return to the pre-2023 method, emphasizing alignment with State Department practice rather than an expansion or rollback of legal rights.

The Department of State’s monthly Visa Bulletin remains the central guide for both Final Action Dates and Dates for Filing. Families can review the official charts on the State Department’s site to monitor when their priority dates may move: U.S. Department of State Visa Bulletin.

Impact on families and backlogged categories

Attorneys and advocates say the effects will be most painful for families stuck in multiyear employment-based queues, especially those from high-demand countries. Legal experts see a higher risk of family separation because more children will cross the 21-year threshold before a visa becomes available under the stricter standard.

Major impacts:
– Children may age out sooner. Because Final Action Dates generally sit further back than Dates for Filing, fewer dependents will meet the CSPA test. When a child ages out, they lose eligibility as a derivative and must pursue their own immigration path, often far more difficult.
– EB-5 families face increased risk. EB-5 investors and dependents previously benefited when USCIS used filing dates. Returning to Final Action Dates increases the chance children will age out. The prior, more favorable rules still apply for applications filed before August 15, 2025, giving a clear cutoff for families deciding whether to file now.
– H-1B households and H-4 children. H-4 children can remain as nonimmigrants while eligible, but their chance to receive a green card as a derivative will shrink if their CSPA-adjusted age is 21 or older under the new approach. The bundled family adjustment path will be harder to maintain.
– Indian-born EB-2 and EB-3 applicants. Long backlogs and slow movement leave Indian families especially exposed. The loss of the earlier filing-date buffer raises the likelihood a dependent will age out before Final Action Dates become current.

Why the charts matter:
– Final Action Dates reflect when a visa can actually be issued.
– Dates for Filing show when applicants can submit documents in advance.
– The CSPA hinges on when a visa becomes available; tying the clock to Final Action Dates uses the later, more conservative threshold and reduces CSPA protection during volatile or slow-moving periods.

Immigration attorneys warn that these rule shifts can affect family planning, school timelines, college choices, and job mobility. Analysis by VisaVerge.com suggests families with priority dates near bulletin cutoffs should review options quickly, since a single month’s movement—or lack of it—can determine whether a child keeps or loses derivative status.

What families can do now

The policy is set, and USCIS has not announced plans to reverse it. For families who can still act before the cutoff, timing and careful tracking of the Visa Bulletin are essential.

Recommended actions:
1. File before the cutoff if possible.
– Because applications filed before August 15, 2025 remain under the earlier policy, some families may reduce aging-out risk by filing now rather than waiting.
– The closer your priority date is to Dates for Filing, the more filing now could matter.
2. Track the Visa Bulletin closely.
– Monthly shifts in Final Action Dates and Dates for Filing can change outcomes. If a family’s priority date is near a key line, small timing differences matter.
– Use the State Department’s official bulletin as the authoritative source.
3. Assess “extraordinary circumstances.”
– USCIS will evaluate extraordinary circumstances for those who missed filing under the previous approach. This is narrow, not a broad waiver. Gather records early if you believe this may apply.
4. Expect uneven effects by category and country.
– EB-5 dependents and Indian-born EB-2/EB-3 families are at higher risk due to longer waits. For others, the impact may be more limited.
5. Plan for separate routes if needed.
– If a child ages out, they are no longer a derivative on the parent’s case. Reunification through other visa options can be complex and slow; early planning helps avoid last-minute surprises.

Background and broader context

The Child Status Protection Act was designed to protect family unity when government processing times stretch beyond a child’s 21st birthday. The February 2023 policy shift to use Dates for Filing gave many families extra months—sometimes longer—to keep children in the process.

By returning to Final Action Dates only, USCIS tightens the timing window to match the State Department’s issuance standard. The agency cites policy alignment and consistency, but families on the ground will feel the change as a loss of flexibility.

Key reminders:
– The new policy does not change the CSPA law itself. The law still applies, but the point in time when a visa is considered available for age calculation has changed.
– For families with children near 21, small timing changes can have large consequences.
– For cases filed before August 15, 2025, the earlier Dates for Filing approach remains a lifeline. For cases filed on or after that date, the stricter Final Action Dates standard is what counts.

As the next Visa Bulletins are released, watch movements in Final Action Dates for EB-2 and EB-3 (especially for India) and for EB-5 categories. Forward movement could soften some impact; stagnation would intensify it. With no announced plan to revisit the change, careful timing, documentation, and ongoing review of the bulletin are the most practical tools families have right now.

Important takeaway: If your family has a priority date near the Visa Bulletin cutoffs and a child approaching 21, consider immediate review of filing options and consult immigration counsel to evaluate timing and potential evidence for extraordinary circumstances.