The US Citizenship and Immigration Service (USCIS) has updated its policy related to age calculation under the Child Status Protection Act (CSPA). These new rules, effective for applications filed on or after August 15, 2025, clarify that visa availability for CSPA age calculation will be based on the Final Action Date Chart provided in the State Department’s Visa Bulletin. In addition, the State Department has also made major changes to H-1B visa and other non-immigrant visa rules.
USCIS and State Department will depend on the final action date chart
Under the new policy, both USCIS and the State Department will rely on the Final Action Date chart. This means that a visa is considered “available” only when the Final Action Date becomes current. This change could shorten the period of protection for children under CSPA, causing some children to be older than they were before.
The policy applies to children of H-1B visa holders
The policy applies to children of H-1B visa holders living in the U.S. who were born outside the country and have been stuck in the visa backlog for several years, losing their eligibility for a green card after turning 21 and “aging out,” resulting in the loss of their legal status.
This updated policy applies to all applications filed on or after August 15, 2025. For applications pending before this date, USCIS will continue to apply the old policy of February 14, 2023. The agency also clarified that applicants who fail to apply for permanent residence within a year of the visa becoming available may still be eligible if they demonstrate exceptional circumstances.
Risk of losing green card eligibility for children
The change has raised concerns among families of Indian H-1B visa holders, many of whom have been facing visa backlogs for decades. Children born outside the US risk losing green card eligibility when they turn 21, even if they have spent most of their lives in the country and culturally identify as American.
You will have to go to your country for visa renewal
Along with this, the US State Department has also updated the H-1B and other non-immigrant visa rules. The US State Department said that in-person interviews have been made mandatory for applicants again, which was abolished earlier. This means that from September 2, 2025, all non-immigrant visa holders will have to attend in-person interviews in their home countries for their visa renewal.
Most H-1B visas have been issued to Indians
Let us tell you that Indians have the largest number of H-1B visa holders in America. According to a report by Business Standard, about 1,91,000 Indians were issued H-1B in the financial year 2023 and in the financial year 2024, the number of Indians with H-1B visas increased to about 2,07,000.
