America’s CHILDREN Act of 2025

## Summary The America's CHILDREN Act of 2025 (or the Protecting Children of Long-Term Visa Holders Act) aims to provide a pathway to lawful permanent residency (a green card) for certain individuals who entered the U.S. as children and later graduated from a U.S. college or university. These individuals, often children of temporary workers (e.g., H-1B visa holders), may have aged out of eligibility for permanent residency under existing rules. The bill also reforms age determination rules and priority date retention to prevent families from losing their place in immigration queues due to bureaucratic delays. By addressing these issues, the legislation seeks to reduce barriers for long-term residents to adjust their status and stabilize their futures in the U.S. ## Key Points - Eligibility for Permanent Residency: Creates a new category for college graduates who entered the U.S. as children, spent at least 8 years here as dependents of nonimmigrant workers (excluding certain visa types), and have been lawfully present for 10 years total. - Age-Out Protections: Updates rules to freeze an immigrant’s age at the time their parent’s work visa petition or labor certification was filed, if they spent 8 years in the U.S. as a child dependent. This prevents them from aging out of eligibility for family-based visas. - Priority Date Retention: Allows both primary visa applicants and their family members to keep the original priority date (the date a visa petition was filed) when reapplying, even if they switch employers or visa categories, ensuring they don’t lose their place in line. - Employment Authorization for Dependents: Grants work permits to dependents of nonimmigrant workers without requiring additional steps, aligning with existing policies for some visa holders. - Retroactive Effect: Amendments apply retroactively as if they were part of the 2002 Child Status Protection Act (CSPA), and allows denied cases to be reopened if they would have qualified under the new rules. ## Impact Areas - Primary group affected: Children of long-term nonimmigrant workers (e.g., H-1B, L-1 visa holders) who aged out of eligibility for permanent residency before securing their own work visas. - Secondary group affected: Families of nonimmigrant workers seeking to retain immigration benefits or adjust status without disruption. - Additional impacts: Streamlines visa processing by reducing backlogs tied to priority dates, expands employment opportunities for dependents, and clarifies legal status for thousands of immigrants who grew up in the U.S. but lack a clear path to residency. *Technical terms explained*: - Nonimmigrant: A temporary visa holder (e.g., for work, study, or tourism). - Lawful permanent resident (LPR): Someone with a green card, allowing indefinite residence and work in the U.S. - Priority date: The date a visa petition is filed, which determines an applicant’s place in line for a visa when limits apply. - Derivative beneficiaries: Family members (e.g., spouses or children) who gain immigration benefits through the primary applicant’s petition.