Article Summary

USCIS has announced a policy change that reverses a Biden-era expansion of the Child Status Protection Act (CSPA). This change means USCIS will now use only the Final Action Dates chart for CSPA age calculations for adjustment of status applicants. This is expected to cause more children of H-1B visa holders to 'age out' before securing Green Card eligibility, particularly those from countries with high backlogs.

TNP AI: Key Insights

This policy reversal by USCIS carries significant weight for thousands of H-1B families, particularly those from high-backlog countries like India, as it directly increases the likelihood of their children 'aging out' of Green Card eligibility. By reverting to the Final Action Dates chart for CSPA age calculation, USCIS is making it harder for these families to maintain unity in their permanent residency applications.

The shift back to using only the Final Action Dates chart effectively undoes a measure intended to mitigate the long processing times that cause children to exceed the age limit, forcing many to consider separate, potentially longer, and more complex immigration pathways or face family separation. This move highlights the persistent challenges within the U.S. immigration system regarding dependent children and underscores the urgent need for comprehensive immigration reform.