A recent policy change by the Trump administration is poised to threaten the immigration opportunities for thousands of children of Indian H-1B visa holders, many of whom have spent the majority of their lives in the United States. On August 8, the Department of Homeland Security declared its intention to reverse a policy from February 2023 established during the Biden administration, which permitted certain dependent children to maintain their legal status under the Child Status Protection Act (CSPA) even after reaching the age of 21, provided that a parent’s green card application was still pending. Beginning August 15, 2025, these protections will only be applicable when a visa becomes available according to the Department of State’s “Final Action Dates” chart, thereby reinstating the more stringent regulations that were in place prior to 2023.This alteration implies that children who “age out” at 21—irrespective of their duration of residence in the U.S.—may lose their legal status and be compelled to leave the country if their parents’ green card application remains pending.
This decision will particularly impact Indian families, who represent the largest proportion of H-1B visa holders. According to the Pew Research Center, Indian nationals constituted approximately 73% of all approved H-1B applications in the fiscal year 2023. Many find themselves ensnared in employment-based green card backlogs—especially within the EB-1, EB-2, and EB-3 categories—where waiting periods frequently surpass a decade due to country-specific caps. Currently, over a million Indian nationals are caught in this backlog. USCIS stated that the change aims to provide “consistent” CSPA age calculations for applicants both in the U.S. and abroad. However, immigration advocates caution that this policy will disrupt the lives of an estimated 200,000 young individuals nationwide, many of whom are Indian Americans who arrived in the U.S. as children and consider this country their home. Cases that are pending and were filed before August 15 will remain unaffected.
