The U.S. Citizenship and Immigration Services (USCIS) has unveiled a significant policy update that could affect the children of H-1B visa holders. Under the new rules, many young applicants risk “aging out” before they can secure permanent residency.
“The Immigration and Nationality Act (INA) defines a child as a person who is both unmarried and under 21 years old. If an alien applies for lawful permanent resident (LPR) status as a child but turns 21 before being approved for LPR status (also known as getting a Green Card), that alien can no longer be considered a child for immigration purposes. This situation is commonly referred to as aging out, and may mean these aliens must file a new petition or application or wait even longer to get a Green Card, or are no longer eligible for a Green Card,” the official USCIS website said.
READ: USCIS cracks down on misinformation, issues new immigration policy update (
But in February 2023, the Biden administration implemented changes under the Child Status Protection Act (CSPA) to help children maintain their eligibility for green cards. The update allowed applicants to “lock in” their age based on the State Department’s Dates for Filing chart, protecting them from aging out before they could secure permanent residency.
According to USCIS, “the core purpose of the Child Status Protection Act (CSPA) is to address the hardships faced by certain aliens who were previously classified as children for immigrant visa purposes, but who, due to the time required to adjudicate petitions, had turned 21 years old and consequently became ineligible to receive such immigrant visas.”
Now, according to a recent announcement in August, the Trump administration has rolled back this expansion. Boundless Immigration reports that “USCIS will now use only the Final Action Dates chart to calculate CSPA age for those applying for green cards from the U.S., aligning with the State Department’s process for applicants applying abroad.”
READ: USCIS expands ‘Good Moral Character’ review in citizenship applications (
As the “Final Action Dates” chart usually comes later, which means fewer kids will qualify. Because of this change, some children who would have stayed eligible under the old rules may now “age out” and have to wait much longer in a different immigration category.
Those who age out may need to explore alternative visa categories and reapply. The new policy already took effect, though applications submitted before that date will still be handled under the earlier rules. In certain cases, the agency may review applicants under the old guidelines if “extraordinary circumstances” apply.
In short, this policy shift could create uncertainty for many young immigrants and their families, potentially delaying their path to permanent residency. While some protections remain for earlier applications, those affected will need to stay informed and plan carefully to navigate the new rules.