Children of H1B visa holders could lose Green Card rights

Washington/New Delhi: Starting from August 15, a major change in US immigration policy could put the Green Card prospects of thousands of children, mainly from India, at risk. Children of H1B visa holders may lose their protected immigration status once they turn 21, even if their parents' Green Card applications are still pending.

The US Citizenship and Immigration Services (USCIS) has announced that an update to its rules for calculating a child's age under the Child Status Protection Act (CSPA).

This change, effective for applications filed on or after August 15, 2025, simplifies and standardises the process for families seeking Green Cards, making it the same whether applying from inside or outside the US.

Under the new rule, USCIS will now rely on the Final Action Dates chart in the Department of State's Visa Bulletin to determine when a visa is considered available for calculating age under the CSPA.

Applications submitted before this date (August 15) will still be evaluated under the earlier policy issued on February 14, 2023, as many applicants based their adjustment of status filings on that guidance.

The new law is significant for Indians, as they are the leading country of birth for H1B workers, with about 73% of approved applications in fiscal 2023 belonging to Indian nationals. Since 2010, the majority of H1B approvals each year have consistently gone to individuals born in India, according to the Pew Research Centre.

"This policy update ensures both USCIS and the Department of State use the Final Action Dates chart in the Visa Bulletin to determine when a visa becomes available for the purposes of CSPA age calculation," USCIS said in a statement.

"This establishes a consistent CSPA age calculation for aliens who apply for adjustment of status and immigrant visas. The February 14, 2023, policy resulted in inconsistent treatment of aliens who applied for adjustment of status in the United States versus aliens outside the United States who applied for an immigrant visa with the Department of State," it added.