Article Summary

USCIS has rolled back a February 2023 Biden-era policy concerning the Child Status Protection Act (CSPA), effective August 15, 2025. This change dictates that a child's CSPA age will now be determined solely by the Visa Bulletin's Final Action Dates chart, rather than the more favorable Dates for Filing chart. This policy reversal places nearly 200,000 children, particularly those from H-1B families in Green Card backlogs, at significant risk of 'aging out' of Green Card eligibility upon turning 21.

TNP AI: Key Insights

This reversal creates significant uncertainty and potential hardship for an estimated 200,000 children, many of whom have spent their lives in the U.S. For H-1B families already facing multi-year Green Card backlogs, this means their children could be forced to self-deport or seek alternative, often complex, visa pathways upon turning 21.

The Biden-era policy, implemented in February 2023, allowed children to lock in their age using the 'Dates for Filing' chart, providing a crucial buffer against aging out due to processing delays. The return to the 'Final Action Dates' chart as the sole determinant removes this protective measure, reflecting a more restrictive interpretation of CSPA.

This decision will likely generate considerable anxiety within the H-1B community and may prompt renewed advocacy efforts from immigration groups and employers. It underscores the precarious status of dependents in the U.S. immigration system and highlights the ongoing need for comprehensive immigration reform to address long Green Card backlogs.