U.S. Citizenship and Immigration Services (USCIS) announced on Aug. 8, 2025, that it is updating its guidance on Child Status Protection Act (CSPA) age calculations. The new guidance applies to adjustment of status (AOS) applications and related CSPA age calculation requests filed on or after Aug. 15, 2025, while AOS applications pending before that date will continue to be processed under the Feb. 14, 2023, policy. This change modifies the methodology for determining when a visa “becomes available” for CSPA calculations, potentially affecting families currently in the employment-based green card process.

Key Takeaways

1. USCIS is updating its methodology to use Final Action Dates (Chart A) for CSPA age calculations, changing from the Dates for Filing approach implemented in February 2023.
2. Applications filed before Aug. 15, 2025, will continue to be processed under the previous policy.
3. Employment-based families should review their situations if eligible under current visa bulletin dates.
4. The change creates consistency between USCIS and Department of State (DOS) processes.

Understanding the Child Status Protection Act

The CSPA is crucial to understand for employment-based immigration. The Immigration and Nationality Act (INA) defines a child as someone who is both unmarried and under 21 years old. If someone applies for lawful permanent resident status as a child but turns 21 before being approved, that person can no longer be considered a child for immigration purposes – a situation commonly referred to as “aging out.”

The Child Status Protection Act was enacted in 2002 to keep immigrant families intact despite lengthy family-based and employment-based waiting times. It seeks to ensure that sons and daughters can immigrate to the United States together with their parents by “freezing” a child’s age using a mathematical formula.

The CSPA Formula

For employment-based preference categories, the CSPA age calculation works as follows:

CSPA Age = Age when visa becomes available minus time the I-140 petition was pending.

If an applicant is 21 years and four months old when USCIS considers an immigrant visa available, and the petition was pending for six months, the applicant’s CSPA age would be calculated as: 21 years and four months – six months = 20 years and 10 months.

The critical question has always been: When exactly does a visa “become available?”

The Policy Evolution: A Timeline of Changes

Pre-2023: Final Action Dates Era

In 2018, USCIS determined that it would use the Final Action Dates chart for the CSPA age calculation while allowing beneficiaries to file their AOS applications using the Dates for Filing chart. This meant that though a noncitizen paid the fee and filed their application based on the Dates for Filing chart, ultimately, they might age out and not be eligible for AOS because their CSPA age calculation was based on the later occurring Final Action Dates chart.

February 2023: Policy Modification

USCIS updated this policy on Feb. 14, 2023. The agency modified its interpretation to consider an immigrant visa becoming available for the CSPA age calculation at the same time it considered a visa immediately available for accepting and processing the AOS application.

Under USCIS’s new guidance, “age at time of visa availability” could be calculated as of the date when both: the immigrant petition on which the AOS is based has been approved, and the applicant’s priority date became “current” for filing an AOS application under the Dates for Filing chart.

August 2025: Parity Between USCIS and DOS

USCIS is updating the Policy Manual to clarify that a visa becomes available for the purposes of CSPA age calculation based on the Final Action Dates chart of the DOS Visa Bulletin. This policy update ensures both USCIS and DOS use the Final Action Dates chart in the Visa Bulletin to determine when a visa becomes available for the purposes of CSPA age calculation.

Employer Considerations

Short-Term Considerations

1. Review Current Beneficiaries

• Identify employees with pending I-140 petitions who have children approaching age 21;
• Calculate CSPA ages for dependent children using both the current (Dates for Filing) and new (Final Action Dates) methodologies; and
• Prioritize cases where children may age out under the new policy.

2. Evaluate Filing Timing

• For employees eligible to file AOS applications under current visa bulletin dates, consider timing implications; and
• Applications pending with USCIS before Aug. 15, 2025, will continue to be processed under the Feb. 14, 2023, methodology.

3. Communication Strategy

• Proactively communicate with affected employees about the policy change;
• Provide clear timelines and explain the potential impact on their families; and
• Consider hosting information sessions with immigration counsel.

Long-Term Considerations

1. Strategic Planning

• Factor CSPA implications into decisions about which employees to sponsor for green cards;
• Consider the timing of I-140 filings, as the pending time directly impacts CSPA calculations;
• Evaluate whether to pursue premium processing to reduce petition pending times.

2. Documentation and Tracking

• Maintain detailed records of I-140 filing and approval dates;
• Track visa bulletin movements more closely; and
• Monitor which chart USCIS designates each month for AOS filing eligibility.

Employee Considerations

Employees With Children Approaching Age 21

Short-Term Considerations

1. Calculate the child’s CSPA age under both scenarios;
2. Check current visa bulletin dates – if eligible to file I-485 now, consider doing so before Aug. 15, 2025;
3. Consult with immigration counsel to understand your specific situation.

Key Requirements

To benefit from CSPA as an employment-based preference applicant, employees must seek to acquire lawful permanent resident status within one year of a visa becoming available for filing an AOS application. This is referred to as the “sought to acquire” requirement.

Understanding the Potential Impact

Scenario 1: A child’s CSPA age remains under 21 under both methodologies.

Scenario 2: A child’s case may benefit from grandfathering if filed before Aug. 15, 2025.

Scenario 3: A child’s CSPA age calculation may differ under the new methodology if filed after the deadline.

The ‘Extraordinary Circumstances’ Provision

The updated policy clarifies that USCIS considers an alien to have satisfied the “sought to acquire” requirement if they demonstrate extraordinary circumstances for failing to seek lawful permanent resident status within one year of when a visa becomes available. This may provide flexibility for cases affected by the policy changes.

The Broader Immigration Context

Policy Alignment Considerations

The Feb. 14, 2023, policy resulted in inconsistent treatment of aliens who applied for AOS in the United States versus aliens outside the United States who applied for an immigrant visa with DOS. The current change aims to create consistency across the immigration system.

The DOS Foreign Affairs Manual, which governs consular processing cases and guides consular officer’s visa adjudications abroad, uses the Final Action Dates chart for CSPA age calculations. This new policy brings USCIS methodology into alignment with existing DOS practices.

Immigration Practitioner Advocacy

Some immigration practitioners have advocated for USCIS to use the “Dates for Filing” chart to determine applicants’ age at the time of visa availability for CSPA age calculation purposes, arguing this approach would avoid age outs.

However, the new USCIS policy takes the opposite approach – requiring use of the Final Action Dates chart for CSPA calculations. This represents a rejection of the practitioner-advocated position in favor of prioritizing consistency between USCIS and DOS processes.

Practical Examples: Understanding the Policy Differences

To understand the real-world impact of this policy change, let’s examine hypothetical scenarios that illustrate how CSPA age calculations differ between the methodologies:

Example 1: Grandfathered Application (Filed Before Aug. 15, 2025)

Facts: Maria’s employer filed her I-140 in January 2024. Her son was 20 years, eight months old when the I-140 was approved after six months of pending time.

Under February 2023 Policy (which still applies to Maria):

1. Visa became available under Dates for Filing chart in March 2024;
2. Son’s CSPA age: 20 years, eight months – six months = 20 years, two months.
3. Result: Son qualifies as a child and may be included as a derivative.

If the same case was filed after Aug. 15, 2025:

1. Must wait for Final Action Dates chart to show current.
2. If Final Action Dates become current four months later (July 2024);
3. Son’s CSPA age: 21 years – six months = 20 years, six months.
4. Result: Son still qualifies, but the margin for protection is smaller.

Outcome: Maria would benefit from filing before the deadline, securing the more protective calculation method.

Example 2: New Policy Application (Filed After Aug. 15, 2025)

Facts: John’s I-140 was approved in September 2025 after eight months of pending time. His daughter was 21 years, two months old at I-140 approval.

Under February 2023 Policy (no longer available for new filings):

1. If Dates for Filing chart were current in September 2025;
2. Daughter’s CSPA age: 21 years, two months – eight months = 20 years, six months.
3. Hypothetical Result: Daughter would qualify as a child.

Under New August 2025 Policy (applies to John):

1. Must wait for Final Action Dates chart to become current.
2. If Final Action Dates do not become current until January 2026 (four months later);
3. Daughter’s age at Final Action Date availability: 21 years, six months;
4. Daughter’s CSPA age: 21 years, six months – eight months = 20 years, 10 months.
5. Actual Result: Daughter still qualifies, but with less margin for error.

Outcome: The timing difference between the charts affects the CSPA calculation, though in this case the daughter would still qualify.

Example 3: Case Where Policy Change Matters Most

Facts: Sarah’s I-140 is approved in October 2025 after four months of pending time. Her son is 21 years, one month old at approval. The current priority date is close to becoming current, but there’s a significant gap between the Dates for Filing and Final Action Dates charts.

Under February 2023 Policy (no longer available):

1. Dates for Filing chart becomes current in October 2025.
2. Son’s CSPA age: 21 years, one month – four months = 20 years, nine months.
3. Hypothetical Result: Son would qualify as a child.

Under New August 2025 Policy (applies to Sarah):

1. Final Action Dates do not become current until March 2026 (five months later).
2. Son’s age at Final Action Date availability: 21 years, six months.
3. Son’s CSPA age: 21 years, six months – four months = 21 years, two months.
4. Actual Result: Son ages out and cannot be included as a derivative.

Outcome: This illustrates the most significant impact – cases where the timing difference between charts determines whether a child qualifies for protection.

Example 4: Understanding Chart Differences

Background 

To understand why this matters, consider that in a typical month, the Dates for Filing chart might show “Current” for certain categories, while the Final Action Dates chart might be several months or even years behind.

Real Scenario: EB-2 India category in a hypothetical month:

1. Dates for Filing Chart: Current (allows filing immediately)
2. Final Action Dates Chart: Dec. 15, 2020 (requires waiting for priority date)

For an applicant with a 2019 priority date:

1. Old Policy: Could calculate CSPA age immediately upon I-140 approval.
2. New Policy: Must wait for Final Action Date to become current.
3. Impact: Child might age beyond protection during the waiting period.

Key Takeaway from Examples

The most significant impact occurs when there are substantial gaps between the Dates for Filing and Final Action Dates charts. Families filing after Aug. 15, 2025, may wish to factor in these timing differences when assessing their children’s CSPA protection. The policy change affects not just the calculation method, but also when the beneficial age-freezing effect occurs.

Conclusion

This policy update represents a modification in USCIS’s approach to CSPA age calculations, aligning the methodology with DOS practices. The grandfathering provision maintains current processing methodology for pending cases, while families with children approaching age 21 should review their specific circumstances to understand potential impacts.

The implementation timeline provides a transition period for families currently eligible to file adjustment applications. Understanding the implications of this methodology change is important for employment-based families navigating the green card process.

As immigration policies continue to evolve, this change highlights the importance of staying informed about policy developments and understanding how procedural modifications may affect family immigration cases. Given the complexity of CSPA calculations and their impact on family unity, affected individuals should carefully review their circumstances and consider consultation with qualified immigration counsel.