Biden-era protection scrapped: H-1B visa kids now face family separation, deportation risk

A sudden policy reversal by the U.S. Citizenship and Immigration Services (USCIS) has shattered the hopes of thousands of children of H-1B visa holders, who now face aging out of the green card process—risking separation from their families and years-long immigration limbo.

Effective August 15, USCIS has rolled back a Biden-era protection that allowed dependent children of green card applicants to “lock in” their age under the Child Status Protection Act (CSPA). 

This change affects young immigrants turning 21 while awaiting green card approval—primarily children of Indian professionals stuck in massive green card backlogs.

Introduced in February 2023, the Biden administration’s policy allowed age to be calculated based on the more favorable “Dates for Filing” chart, giving thousands a chance to remain in the green card queue as dependents. But in a move aligning with the Trump administration’s immigration stance, USCIS has now declared that it will only use the more restrictive “Final Action Dates” chart, effectively aging out many applicants overnight.

The change will slash the number of eligible CSPA-protected applicants. “Because Final Action Dates are typically later than Dates for Filing, fewer applicants will qualify,” according to Boundless Immigration. That means many children who would have remained eligible as dependents must now file new petitions under adult categories with significantly longer wait times.

USCIS explains that under the Immigration and Nationality Act, only those under 21 can be considered “children” for immigration purposes. Once aged out, these individuals may no longer be eligible for green cards tied to their parents' applications—forcing families into separation or leading dependents to reapply through lengthy and uncertain visa paths.

For Indian families—who already endure the longest wait times in the employment-based green card system—this reversal is devastating. Legal children may suddenly become undocumented adults, even as their parents remain on a legal path to permanent residency.

USCIS stated it may consider continuing previous calculations in “extraordinary circumstances,” and applications filed before August 15 will follow earlier rules. But for thousands caught in the transition, the future is now filled with anxiety and uncertainty.