Age Out of Child to be based on Final Action Chart

Effective August 15, 2025, USCIS will determine visa availability for purposes of CSPA age calculation using only the Final Action Dates chart of the Department of State Visa Bulletin. This is a major shift from the current policy, which allows use of the Dates for Filing chart in certain circumstances.

Under U.S. immigration law, an unmarried child must generally be under 21 years old to immigrate as a dependent of a parent. In long-pending cases, children can “age out” before the process is complete, losing eligibility. The Child Status Protection Act (CSPA) provides a formula to help certain children keep their eligibility even if they turn 21 during the process.

For employment-based preference cases, the CSPA age is calculated as follows:

Determine the child’s age on the date the visa becomes available according to the applicable Visa Bulletin chart (until August 14, 2025, this may be Dates for Filing or Final Action Dates; starting August 15, 2025, it will only be Final Action Dates).
Subtract the time the immigrant petition (Form I-140) was pending with USCIS. This period is measured from the I-140 filing date to the approval date, and can often be several months to a year or more.
The resulting “CSPA age” must be under 21.
The child must seek to acquire lawful permanent residence (for example, by filing Form I-485) within one year of visa availability to keep the benefit.

Example calculation:

Date of birth: August 9, 1989
I-140 pending time: 6 months
Adjusted date of birth for CSPA purposes: February 9, 1990 (DOB plus I-140 pending time)
Date child turns 21 under CSPA: February 9, 2011
Date visa becomes current: January 1, 2011
Age on visa availability date: 20 years, 10 months, 22 days
Result: CSPA age is under 21, so the child is protected — but must apply for LPR status within one year of January 1, 2011.

USCIS Policy Update: CSPA Age Calculation Will Now Be Based on Final Action Dates

Key points of the new policy:

Applies to all CSPA age determinations for requests filed on or after August 15, 2025.
Pending cases filed before that date will continue under the Feb. 14, 2023 policy.
Aligns USCIS with the Department of State so both agencies use Final Action Dates.
May delay when a visa is considered “available” for CSPA purposes, increasing the risk of aging out in long-backlogged employment-based categories.

Impact on Employment-Based Cases

In certain months in the past, there were several months of difference between the Dates for Filing chart and the Final Action Dates chart. During those periods, some applicants were able to lock in the child’s age earlier based on the Dates for Filing chart.

Example:

EB-3 India applicant’s child is 20 years 11 months old in October 2025.
Priority date: June 2015; I-140 approved in 2022.
Visa Bulletin:
- Dates for Filing chart: June 2015 is current in October 2025.
- Final Action Dates chart: June 2015 will not be current until October 2027 — two years later.

Under Feb. 14, 2023 policy:

USCIS could use the Dates for Filing chart in October 2025 to freeze the CSPA age at 20 years 11 months, keeping the child eligible.

Under Aug. 15, 2025 policy:

USCIS can only use the Final Action Dates chart. Since it will not be current until October 2027, the child turns 22 before the age freeze, ages out, and the child’s Form I-485 adjustment of status application will be denied.

Background: Feb. 14, 2023 Policy

Before February 2023, CSPA age was always calculated using the Final Action Dates chart, even if USCIS allowed filing under Dates for Filing. This meant applicants could submit Form I-485 but get no CSPA protection until Final Action Dates became current.

The Feb. 14, 2023 policy aligned the CSPA age calculation with whichever chart USCIS allowed for filing that month:

If Dates for Filing was open, it was also used for CSPA age.
If Final Action Dates was required, it was used for both filing and CSPA age.

This often allowed children to lock in their CSPA age much earlier, especially in backlogged employment-based categories.

Side-by-Side Comparison of CSPA Age Calculation Rules (Employment-Based Context)

Feature	Feb. 14, 2023 Policy	Aug. 15, 2025 Policy
Chart Used for CSPA Age	Uses whichever chart (Dates for Filing or Final Action Dates) USCIS designates for filing that month.	Uses only the Final Action Dates chart.
Impact on Employment-Based Cases	Can freeze CSPA age months or years earlier when Dates for Filing is ahead of Final Action Dates — common in EB-2 and EB-3 India/China.	Delays CSPA age freeze until Final Action Date is current, which may be years later.
Uniformity with DOS	Different from DOS, which always uses Final Action Dates.	Fully consistent with DOS policy.
Pending Cases Filed Before Effective Date	Continue under this policy.	Not applicable.
Example Benefit	EB-2 or EB-3 India child could lock age in 2025 under Dates for Filing, even if Final Action Date not current until 2027.	Same child must wait until 2027, likely aging out and facing I-485 denial.

Vasanth Vaidyanathan, Esq.

Administrator

Vasanth Vaidyanathan is an immigration attorney with over 20 years of experience focused exclusively on U.S. immigration and nationality law. He holds a LL.M. from California Western School of Law, San Deigo and advises individuals and businesses on employment and family-based immigration matters, including H-1B, PERM, EB categories, and adjustment of status. He has also been a featured speaker at immigration seminars across the U.S. To reach Vasanth visit: https://www.vnathan.com/

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