H-1B Visa: Children Of H-1B Visa Holders To Lose Their Green Card From August 15, If...; Should Indians Worry?

In a major new development, the US Citizenship & Immigration Services (USCIS) has made a big announcement, which has created panic among the H-1B Indian NRIs. As per the latest update, children of H-1B visa holders may lose their green card once they hit 21 years of age, despite their parents' green card application still pending.

The new rules will come into effect from August 15, 2025.

H-1B Visa Update:

In a statement, USCIS said, "We are updating the Policy Manual to clarify that a visa becomes available for the purposes of Child Status Protection Act age calculation based on the Final Action Dates chart of the Department of State Visa Bulletin."

The new guidance applies to requests filed on or after August 15, 2025.

Further, USCIS said, "We will apply the Feb. 14, 2023, policy of CSPA age calculation to adjustment of status applications pending with USCIS before August 15, 2025, as these aliens may have relied on that policy when they filed."

According to the authorities, 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.

This establishes a consistent CSPA age calculation for aliens who apply for adjustment of status and immigrant visas.

Notably, USCIS revealed that the February 14, 2023 policy led to 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.

Should Indians Worry?

As of now, generally, an unmarried alien child who is under 21-years of age, is eligible to obtain lawful permanent resident status in the United States depending upon his or hers parent's approved petition for a family-sponsored, employment-based, or diversity visa.

But once the child turns 21 years old during the immigration process, they are no longer eligible to immigrate based on their parent's petition.

USCIS highlighted that Congress enacted the CSPA to protect certain alien children from losing their eligibility for lawful permanent resident status based on an approved visa petition.

Also, the CSPA provides a method to calculate the alien's age that considers when an immigrant visa number "becomes available".

Additionally, there is an option to adjust the status under a family-sponsored, employment-based preference, or diversity visa.

As per USCIS, if an alien is applying for adjustment of status under a family-sponsored, employment-based preference, or diversity visa, they must seek to acquire lawful permanent residence within one year of when a visa becomes available to benefit from the CSPA age calculation.

"This update also clarifies that we consider an alien to have satisfied the "sought to acquire" requirement if they demonstrate extraordinary circumstances for failing to seek lawful permanent resident status within one year of when a visa becomes available," the authority said.

But if an alien demonstrates extraordinary circumstances for not applying for adjustment of status during the period of the Feb. 14, 2023, policy before August 15,2025, USCIS said, "we will calculate CSPA age under the Feb. 14, 2023, policy."

Earlier a Pew Research Center research revealed that India is the top country of birth for H-1B workers. Roughly three-quarters (73%) of H-1B workers whose applications were approved in fiscal 2023 were born in India. A majority of approvals every year since 2010 have gone to workers born in India.