USCIS has modified the Child Status Protection Act, potentially jeopardizing the green card eligibility of H-1B visa holders' children. The new rules will be effective from August 15, 2025, and in-person interviews will be mandatory for visa renewal abroad.
H-1B Visa Updates: The U.S. USCIS has implemented a new age calculation policy under the Child Status Protection Act, which will be effective for applications filed after August 15, 2025. This means that the green card eligibility of foreign-born children of H-1B visa holders may be reduced. Additionally, the U.S. Department of State has mandated in-person interviews in their home countries for visa renewal from September 2, 2025. This policy has increased concerns among Indian H-1B visa holders.
USCIS's New Policy: Changes in Age Calculation under CSPA
USCIS has clarified changes to the age calculation process under CSPA, stating that visa availability will now be based on the Final Action Date chart of the Department of State's Visa Bulletin. That is, a child's age will now be calculated to see if a visa is available, and this availability will only be considered if the Final Action Date is current.
According to this policy, the period of children's "aging" may be shorter than before, which could cause some children, who were previously considered eligible for a green card, to now lose their eligibility. This change will apply to all applications filed on or after August 15, 2025.
What Impact Will It Have on Indian H-1B Visa Holders' Children?
This news is worrying for the families of Indian H-1B visa holders. Many children of Indians working in the US were born outside the country and have been stuck in the visa backlog for green cards for many years. Now, under this new policy, if a child's age exceeds 21 years and they lose eligibility due to "aging," they will face difficulties in obtaining a green card.
This situation can prove to be extremely difficult for them because they are entitled to live and work in the US as permanent residents only after receiving a green card. Many children, who have lived their entire lives in America and are connected to its culture, may lose legal status due to this rule.
New Rules on Visa Renewal: Interview Required in Home Country
The U.S. Department of State has also made significant changes to non-immigrant visa rules. Under this, from September 2, 2025, all H-1B visa holders will be required to go to their home country and give an in-person interview for visa renewal. This requirement had been removed earlier, but it has now been reinstated.
This change will require Indian visa holders to leave the US and travel to India or another country to give a visa interview, which may increase their travel-related time and costs. This can create difficulties especially for those who are living in America with their families.
Importance of H-1B Visa for India
India is the largest recipient country of H-1B visas from the United States. In fiscal year 2023, approximately 191,000 H-1B visas were issued to Indians, which increased to approximately 207,000 in fiscal year 2024. This number is increasing every year, as a large number of Indian IT, engineering, and other professionals work in US tech companies.
These changes will directly impact not only the professional lives of Indian visa holders but also have a profound impact on the future of their families. Many families have been stuck in the green card backlog for decades, and now their difficulties will increase further.
