US Immigration Update Poses Risks for Children of H-1B Workers
Los Angeles/Aug 11, 2025
NRIpress.club/Ramesh/ A.Gary Singh
The United States Citizenship and Immigration Services (USCIS) has announced a major update to its policy on how the Child Status Protection Act (CSPA) age is calculated—a change that could significantly affect many immigrants, especially children of H-1B visa holders waiting for green cards.
The revised guidelines will take effect on August 15. According to USCIS, the update clarifies that a visa will now be considered “available” for the purpose of CSPA age calculation based on the Final Action Dates chart in the Department of State’s Visa Bulletin.
In its statement, the agency noted:
“We will apply the February 14, 2023, policy of CSPA age calculation to adjustment of status applications pending with USCIS before August 15, 2025, as these applicants may have relied on that policy when they filed.”
With this change, both USCIS and the Department of State will use the Final Action Dates chart to determine visa availability for CSPA calculations. This aims to create a uniform standard for those applying for adjustment of status within the U.S. and those seeking immigrant visas abroad—an inconsistency that existed under the 2023 policy.
Why This Matters for Families
Under U.S. immigration law, an unmarried child of an immigrant must generally be under 21 years old to qualify for permanent residency through a parent’s approved petition—whether it’s family-sponsored, employment-based, or via the diversity visa program.
If the child turns 21 before the process is complete, they “age out” and typically lose eligibility to immigrate with their parents. The updated policy could determine whether thousands of young adults remain eligible or are forced to restart their immigration process separately.
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