H-1B children lose green card shot at 21 under new USCIS rule, Indians, Chinese hit

Thousands of Indian and Chinese children of H-1B workers face losing their shot at a green card the moment they turn 21, under a sweeping U.S. immigration rule change set to take effect August 15, 2025, according to new USCIS guidance.

The update, detailed in the U.S. Citizenship and Immigration Services Policy Manual, redefines when a visa is considered “available” for the purposes of the Child Status Protection Act (CSPA). Starting next August, both USCIS and the State Department will use the Final Action Dates chart in the monthly Visa Bulletin — not the Dates for Filing chart — to calculate CSPA age.

The change will hit hardest at children not born in the U.S., stuck in decades-long green card backlogs tied to their parents’ employment visas. Once they “age out” at 21, they will no longer qualify for permanent residency, even if they have spent most of their lives in America.

Under current law, an unmarried child must be under 21 to obtain lawful permanent resident status through a parent’s approved petition. Turning 21 mid-process typically ends eligibility. Congress created the CSPA to shield some children from this outcome by freezing their age based on when a visa number becomes available.

For adjustment-of-status applications filed before August 15, 2025, USCIS will apply the more lenient February 14, 2023 policy. That rule let some applicants use the Dates for Filing chart and often favored those applying within the U.S. over those abroad. Officials admit the 2023 policy led to “inconsistent treatment” and say the new guidance will unify standards.

To benefit from the CSPA age calculation, applicants must seek permanent residence within one year of visa availability. USCIS says it will consider the “sought to acquire” requirement met if extraordinary circumstances delayed filing. For those covered under the 2023 policy but applying before next August, USCIS will still calculate age under that older rule if they can prove such circumstances.

The change comes amid growing alarm over the plight of “Documented Dreamers” — children of long-term visa holders who grow up in the U.S. but face deportation or forced departure once they lose dependent status. For many Indian and Chinese families, where backlogs stretch decades, the new rule means children will hit the age-out wall long before a green card number is available.