Archive · 13 Aug 2025
US Immigration Rule Change Threatens Green Card Status for H1B Children
Starting August 15, 2025, a new US rule might change how children of H1B visa holders get Green Cards.
If these children turn 21, they could lose their chance to get a Green Card even if their parents are still waiting.
The new rule will use a specific date from the Visa Bulletin to figure out how old the children are for Green Card purposes.
This change is important because many people from India have H1B visas, so it could affect them a lot.
This rule makes the process the same whether the family applies from inside or outside the US.
Older applications will still follow the old rules.
US immigration policy changes could affect Green Card prospects for children of H1B visa holders.
The new rule, effective August 15, 2025, simplifies the process for families seeking Green Cards.
USCIS will use the Final Action Dates chart to calculate a child's age under the CSPA.
Applications before August 15, 2025, will follow the February 14, 2023, policy.
Indians are significantly affected, representing the majority of H1B approvals.
- Who
- Children of H1B visa holders and the USCIS.
- What
- Changes to US immigration policy affecting Green Card eligibility for children of H1B visa holders.
- When
- Effective for applications filed on or after August 15, 2025.
- Where
- United States
- Why
- To simplify and standardize the process for Green Card applications and to ensure consistent age calculation under the CSPA.
- Policy Change Date
- August 15, 2025
- Affected Group
- Children of H1B visa holders
- Impact
- Potential loss of Green Card eligibility at age 21
- Reference
- Child Status Protection Act (CSPA)
- Calculation Method
- Final Action Dates chart from the Visa Bulletin
- Primary Affected Country
- India
- Previous Policy Date
- February 14, 2023