On August 8, 2025, U.S. Citizenship and Immigration Services (USCIS) suddenly announced a major policy change: effective August 15, 2025, it will comprehensively change the age calculation method under the Child Status Protection Act (CSPA), eliminating the use of 'Table B' (Dates for Filing) for age-locking. This new rule means that all adjustment of status applications filed on or after August 15 will uniformly use the 'Final Action Dates' (Table A) in the Department of State's Visa Bulletin to calculate whether a child has aged out.
Source: Official USCIS Website
1. Core of the New Policy:
Unified Calculation Standard, Ending the Dual-Track System for Domestic and Overseas Applicants
Previously, there was a unique phenomenon in the field of U.S. immigration applications:
Domestic Applicants: After February 2023, USCIS allowed the use of the more lenient 'Table B' (Dates for Filing) to calculate a child's age.
Overseas Applicants: The Department of State has always used the stricter 'Final Action Dates' standard.
This dual-track system meant that children in the same family could face completely different aging-out results depending on where the application was filed.
The new rule implemented on August 15 ends this discrepancy: from now on, whether filing for adjustment of status within the United States or applying for an immigrant visa through the Department of State while overseas, the 'Final Action Dates' in the Department of State's Visa Bulletin will be used to calculate the aging-out period.
2. What is 'Aging Out'?
Why is the Age-Locking Rule So Critical?
According to U.S. immigration law, a child must remain unmarried and under the age of 21 to obtain a green card as a dependent of their parents. However, during the long wait for visa availability, many children may turn 21 before their priority date is reached, thereby losing their eligibility for immigration.
To address this issue, the Child Status Protection Act (CSPA) of 2002 provided a way to recalculate age:
Child's CSPA Age = Actual Age when Immigrant Visa Becomes Available - Time Spent Waiting for Immigration Petition Approval
The core change in the new policy lies in determining the point in time when the 'Immigrant Visa Becomes Available':
• Old Policy: When USCIS allowed the use of 'Table B', the available time was calculated based on the Table B date.
• New Policy: Uniformly calculated based on the 'Final Action Dates'.
3. Key Timelines and Transition Arrangements
• Before February 14, 2023: USCIS used the same strict standard as the Department of State (Final Action Dates).
• February 14, 2023 - August 14, 2025: USCIS implemented a lenient policy, allowing the use of Table B dates.
• From August 15, 2025: Full return to a unified standard, using only the Final Action Dates.
Important Buffer Provision:
Applications filed before August 15 will still have their age calculated according to the old policy (Table B). If a child met the requirements during the old policy period but failed to apply in time due to special circumstances, they may apply for a waiver.
4. Response Strategy:
How Should Applicants Act Under the New Rule?
Conduct a Professional Assessment: Contact your immigration attorney immediately; this is the most important step! A professional attorney can perform a precise assessment based on the specific circumstances of your case (priority date, child's date of birth, immigration category, etc.), calculate your child's CSPA age under the new rule, and determine the risk of aging out.
Accelerate Case Progress: If Table A is imminent, ensure all materials are complete. Once Table A is reached, file Form I-485 immediately to seize the opportunity to lock in the age.
Monitor Policy Developments and Potential Litigation: Such a significant policy change may trigger legal challenges from industry organizations. Continue to monitor relevant information, but do not pin all your hopes on this.
For EB-5 Applicants:
Those who have already filed I-526/I-526E: Immediately assess the risk of your child aging out and consider whether it is possible to maintain status or accelerate the process through other means (such as I-485 Supplement J, etc.).
Those who have not yet filed: Choose projects cautiously, fully assess the impact of visa retrogression on your child's age, and families with older children must be extremely prudent.
5. EB-5 New Law Reserved Visa Projects
Are the 'Golden Channel' for Current Child Age-Locking
For investors concerned about whether their children will age out, EB-5 new law reserved visa projects currently offer an excellent solution. At present, for visa reserved projects under the new EB-5 law, Table A remains 'Current' (no backlog). Thanks to this unique window of opportunity, applicants can use the 'concurrent filing' (filing I-526E and I-485 simultaneously) strategy, which is the most direct and effective way to lock in a child's age in the current situation.
WorldWay advises all eligible families to make decisions as soon as possible: the window of opportunity may close at any time. Starting the application process early is the most certain guarantee for your child's future. At the same time, time is of the essence; please be sure to keep a close eye on the August 2025 Visa Bulletin. Once the policy changes, CSPA protection may become ineffective. WorldWay will also closely monitor this policy change and will share any new information with you as soon as possible.
The current EB-5 policy dividend window is still open. Act now, contact WorldWay's professional immigration agency immediately to customize your EB-5 investment plan and open the 'Golden Age' of U.S. green cards for your whole family. Currently, the 'Great Smoky Mountains • Marriott Hotel' EB-5 rural project is highly sought after. With the following core advantages, this project is becoming a popular choice for current EB-5 investment:
☑ Approximately 1.5x real estate first-priority guarantee + developer shareholders provide joint and several liability repayment guarantee with personal assets
☑ Multi-billion fund provides I-956F denial guarantee, I-526E denial guarantee, and job creation guarantee
☑ Project job creation multiplier as high as 1.7x
☑ Located in the Great Smoky Mountains National Park, which attracts tens of millions of visitors, far exceeding Yellowstone
☑ Located in the prime town of Gatlinburg, where land is at a premium and housing is in high demand
☑ The project has already broken ground, hotel development has entered the substantive construction stage, supervision is transparent, and construction progress is reported regularly
This major change in the U.S. immigration 'age-locking' rule has undoubtedly brought new challenges to many immigrant families. Facing the new rules, panic is of no help, and blind action is even less advisable. If you or your friends are facing such troubles, please contact us immediately. WorldWay's professional team will provide you with the most timely and accurate interpretation and assistance.
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