In a major setback for immigrant families, the U.S. Citizenship and Immigration Services (USCIS) has reversed a Biden-era policy that protected dependent children of H-1B visa holders from “aging out” of the green card process. Effective August 15, USCIS will revert to using the stricter “Final Action Dates” chart—rather than the more favorable “Dates for Filing” chart—for calculating age under the Child Status Protection Act (CSPA).
The change disproportionately impacts Indian families stuck in massive employment-based green card backlogs. Children turning 21 while waiting for permanent residency will no longer qualify as dependents, forcing them to file new petitions in adult visa categories with years-long delays or risk becoming undocumented.
The previous policy, introduced in February 2023, allowed thousands of children to remain eligible for green cards alongside their parents. Immigration advocates warn that the rollback could split families and push young immigrants into legal limbo. USCIS has indicated it may honor prior calculations in “extraordinary circumstances,” but only for applications filed before August 15.
Analysts say the move aligns with a harder line on immigration and will sharply reduce the number of CSPA-protected applicants. For many Indian professionals, already facing the world’s longest wait times for U.S. permanent residency, the reversal adds yet another layer of uncertainty and hardship.
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