PolicyBrief
H.R. 5528
119th CongressSep 19th 2025
America’s CHILDREN Act of 2025
IN COMMITTEE

The America’s CHILDREN Act of 2025 establishes a path to permanent residency for certain long-term college graduates who entered the U.S. as dependents of work visa holders and updates age-out protections for dependent children.

Deborah Ross
D

Deborah Ross

Representative

NC-2

LEGISLATION

America’s CHILDREN Act Creates Green Card Path for U.S. College Grads Who Grew Up on Work Visas

The America’s CHILDREN Act of 2025 creates a specific, new pathway for certain long-term residents—often called 'documented Dreamers'—to secure permanent residency (a Green Card). This bill is aimed squarely at dependents who entered the U.S. legally as children on their parents’ work visas but face the risk of ‘aging out’ of the system when they turn 21. The core requirement for this new status is tough: you must have been lawfully present in the U.S. for at least 10 years total, spent at least eight of those years as a dependent child of a qualifying work visa holder, and—crucially—you must have successfully graduated from a U.S. college or university (SEC. 2).

The 'Aging Out' Lifeline

The most immediate real-world impact of this bill is the fix it offers for the dreaded ‘aging out’ problem. Right now, if a child turns 21 while their parent is waiting for a Green Card, they lose their status as a dependent and have to start the immigration process all over again, often facing years-long backlogs or even forced departure. This bill changes the calculation: for long-term dependents (those here for eight years before turning 21), their age will be locked in based on the date their parent first filed the employment-based petition (SEC. 3). Think of it like hitting a pause button on their age so they don't get kicked out of line just because the government is slow. This section also allows these nonimmigrant dependent children to extend or change their status, even if they get married, and automatically grants them work authorization while they are in that status.

Keeping Your Place in Line

For anyone who has been in the immigration queue, you know the priority date is everything—it’s your spot in line. The Act makes a common-sense change here, allowing both the main applicant and any dependent family members to retain the earliest priority date from any previously approved petition or labor certification (SEC. 3). This means if a family switches from one type of visa petition to another, they don't have to go to the back of the line, which can shave years off the wait. This is a huge benefit for stability, especially for families who have been navigating the complex, multi-year employment-based visa system.

The Fine Print and the Clock

While this is a clear win for the highly educated, long-term residents it targets, the path is extremely narrow. The requirements for eight years as a dependent under a specific type of work visa mean many people who grew up here won't qualify. Furthermore, the bill offers a chance for people whose applications were previously denied under the old age-out rules to ask for a reconsideration, but there’s a strict two-year deadline from the date the Act is signed into law to file that motion (SEC. 3). For those who miss that two-year window—perhaps because they’ve already left the country or simply don't hear about the change in time—that door to relief will close. This suggests the Department of Homeland Security (DHS) will face a surge of administrative work processing these new applications and reconsiderations, which could temporarily slow down other parts of the system.