H-1B Visa Holders’ Children May Lose Green Card Rights

>The United States Citizenship and Immigration Services (USCIS) has announced a significant change to how it calculates age under the Child Status Protection Act (CSPA)—a move that could see thousands of children of H-1B visa holders, particularly from India, lose eligibility for permanent residency.

>Effective August 15, 2025, USCIS will use only the “Final Action Dates” from the Department of State’s Visa Bulletin to determine when a visa is considered available for age calculation. This replaces the more flexible approach introduced in February 2023, which sometimes allowed use of the “Dates for Filing” chart—providing families with more time to secure green card status before a child turned 21.

>Children who “age out” by reaching their 21st birthday lose their derivative status and must find an alternative visa to stay in the U.S., often forcing them into temporary student or work visas. The impact is expected to be severe for Indian families, who face some of the longest employment-based green card backlogs—often stretching over a decade.

>USCIS has confirmed that applications filed before August 15, 2025 will continue under the existing, more favorable rules. Limited exceptions will also remain for families who miss deadlines due to extraordinary circumstances.

>Immigration experts warn that the change will accelerate “age-out” scenarios, potentially uprooting young adults who have spent most of their lives in the U.S. but remain non-citizens due to systemic visa backlogs. Families are being urged to review their cases immediately and file before the policy shift to safeguard eligibility.