The new policy took effect immediately, but applications filed before the change are still handled under the old rules, providing some temporary relief.

USCIS emphasizes that the core purpose of the CSPA is to address hardships caused by lengthy adjudication times, but recent policy shifts may undermine this goal.

The USCIS has recently reversed a 2023 policy that allowed children of H-1B visa holders to 'lock in' their age using the Dates for Filing chart, a change that could cause many to 'age out' before securing permanent residency.

This rollback aligns USCIS's approach with the State Department's use of the Final Action Dates chart for calculating the Child Status Protection Act (CSPA) age, which generally results in later dates and fewer children qualifying for green cards.

Educational institutions can play a crucial role by providing legal guidance, resources, and advocacy to help affected students navigate these policy changes.

Legal experts recommend early consultation to explore options such as switching to F-1 visas or carefully timing green card applications to minimize aging out risks, with higher education institutions supporting these efforts.

The 2023 amendment by the Biden administration aimed to reduce the risk of children aging out by locking in their age earlier, but this was reversed by the current policy shift in August 2025.

Prolonged green card wait times exacerbate the risk of aging out, forcing many students to change visas prematurely or leave the U.S. if they cannot secure permanent residency in time.

Children who age out lose their H-4 dependent visas, which may force them to switch to F-1 student visas or leave the U.S., disrupting their education and future plans.

Families are advised to stay informed, consult immigration experts, and consider exploring alternative visas or relief measures to navigate these changes.

Many children who have grown up and completed high school in the U.S. face uncertainty despite being well-integrated and admitted to colleges, as the policy changes threaten their legal status.

Applications submitted before August 15, 2025, are still processed under the previous guidelines, and USCIS may evaluate some applicants under old rules in extraordinary circumstances.