H-1B Visa News: The government gives green card to foreign workers working in America to settle permanently. Indian professionals and workers also get green card.
US Green Card: There is bad news for foreign workers working in the US on H-1B visas. Due to the new policy of the government, it will be difficult for their children to get a green card. US Citizenship and Immigration Services (USCIS) has updated its policy manual regarding the ‘Children Status Protection Act’ (CSPA). The new policy will apply to petitions filed on or after August 15, 2025. After the latest update in CSPA, it is going to be difficult for the children of H-1B visa holders to get a green card.
Under the new rules, visa availability for CSPA age calculation will be based on the final action date given in the visa bulletin issued by the Ministry of External Affairs. This is the date on which a green card will be issued to a worker. After this update, USCIS and the Ministry of External Affairs will give green cards using the same chart. Earlier, due to inconsistent policies, age calculation was done differently for those applying for green cards from within the US and abroad.
What is CSPA?
H-1B visa holders in the US can also bring their families to the country. They become eligible for a green card after working for six consecutive years. However, workers from countries like India have to wait longer to get a green card. Children of H-1B visa holders in the US get a green card only if they are under 21 years of age. CSPA prevents some children from being ineligible for a green card even after turning 21. This is done by calculating their age based on visa availability dates.
Usually, unmarried children under the age of 21 can obtain permanent residency through an approved petition by their parents. However, due to long visa backlogs, the age of the children exceeds 21 years and their green card process is also not completed by then, due to which they become ineligible. This policy applies only to the children of H-1B visa holders living in the US, who were born outside the country and have been stuck in the visa backlog for years. Due to this, their legal status used to end.
How was the age calculation done earlier?
Actually, earlier the Dates for Filing Chart was used by USCIS to determine visa availability for CSPA age calculation. Because of this, sometimes there was a difference between applicants inside and outside the US. Under the new policy, both USCIS and the Ministry of External Affairs will use the final action dates. This means that the visa will be considered available only when the final action date is current. This change would shorten the period of time that a child was protected under CSPA.
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