U.S. Citizenship and Immigration Services (USCIS) has announced a major policy change to how a child’s age is calculated under the Child Status Protection Act (CSPA) — a law that allows certain immigrant beneficiaries to remain classified as “children” for immigration purposes even if they turn 21 while waiting for a green card.
Starting August 15, 2025, USCIS will determine when a visa becomes available for CSPA age calculation only by using the “Final Action Dates” chart in the U.S. Department of State’s monthly Visa Bulletin instead of using the “Dates for Filing” chart in some cases.
This policy shift represents the Trump administration’s broader push for stricter and more uniform immigration adjudication, even if it narrows protections for certain applicants.
“One of the fundamentals of U.S. immigration is family unity,” said Deanna Benjamin, an independent family immigration attorney at Boundless. “This change moves in the opposite direction, keeping families apart rather than bringing them together.”
What’s Changing?
Old policy (February 2023 – August 2025)
If USCIS allowed an applicant to use the Dates for Filing chart to submit a green card application, that same earlier date could also be used to calculate the applicant’s CSPA age. This often “froze” a child’s age for immigration purposes, preventing them from aging out of their category before a green card became available and experiencing longer wait times.
New policy (effective August 15, 2025)
USCIS will now use only the Final Action Dates chart to calculate CSPA age for those applying for green cards from the U.S. (adjustment of status), matching the State Department’s approach for applicants applying from abroad (consular processing). Because Final Action Dates are typically later than Dates for Filing, fewer applicants will qualify for CSPA protection. As a result, some young immigrants who would have kept “child” status under the old rules may now age out, moving into a different immigration category with significantly longer wait times.
Applications pending with USCIS before August 15 will continue to be processed under the previous, more favorable rules. USCIS will also consider “extraordinary circumstances” for applicants who couldn’t file during the previous policy period.
Why Are the CSPA Rules Changing?
USCIS says this policy change will create uniform rules for both consular processing and adjustment of status, eliminating discrepancies that previously caused unequal outcomes for similar cases.
Benjamin said the change applies stricter overseas rules to applicants in the U.S., but added that a different approach could have offered more protection.
“They changed the policy so that adjustment of status cases for applicants in the U.S. now match the more restrictive rules used by the Department of State for applicants abroad,” Benjamin explains. “A better approach would have been to move both processes to the earlier Dates for Filing chart, which offers more protection for families.”
What This Means for Immigrant Families
Under the new rules, children who age out will move to visa categories with much longer processing times — sometimes decades — increasing the risk of family separation if parents receive green cards earlier. This is especially concerning for families from countries with long visa backlogs.
The uncertainty surrounding whether children will age out before receiving permanent residency can cause emotional and financial strain that affects long-term health outcomes, educational and career planning, and family stability.
Families now need to carefully plan filing timelines and may need to explore alternative immigration pathways if children are at risk of aging out. This includes considering student visas, work authorization, or other temporary relief measures while navigating the increasingly complex permanent residency process.
What This Means for Employers and HR Professionals
For employers sponsoring employees for green cards, stricter age calculations mean dependent children are now more likely to age out before receiving permanent residency. These changes carry significant economic consequences that extend beyond individual families to impact broader business competitiveness and talent acquisition strategies.
Stricter CSPA rules may reduce predictability for businesses seeking to sponsor international talent with dependents, potentially making the U.S. less attractive to globally mobile workers. When families face separation or uncertainty, it can undermine the economic benefits of immigration, including reduced entrepreneurship, innovation, and tax contributions from skilled workers who might otherwise choose alternative destinations.
For employers, these changes could:
- Create family stability concerns that affect employee retention and recruitment.
- Require faster case processing or premium processing to help employees avoid aging-out scenarios.
- Increase the need for specialized immigration counsel to guide employees through the changes.
- Reduce the U.S.’s competitive advantage in attracting skilled workers who have family-friendly options in other countries.
HR teams should understand the new rules, communicate them transparently to affected employees, and prepare comprehensive strategies to address potential family separation issues. This includes developing retention strategies for employees facing difficult family decisions and considering how these policy changes might affect the organization’s ability to compete for global talent in an increasingly competitive international market.
What You Can Do
For families:
- Consult with an immigration attorney immediately if you have children approaching age 21 who intend to apply for a green card.
- Consider filing eligible immigration applications before the changes to CSPA rules go into effect.
For employers:
- Review the new policy and consult an immigration attorney to understand your options.
- Educate employees on the changes.
- Prepare for potential effects on family-based cases tied to your workforce.
- Adjust recruitment and retention strategies to address possible family separation risks.