USCIS ALTERS GREEN CARD ELIGIBILITY FOR H-1B DEPENDENTS
USCIS ALTERS GREEN CARD ELIGIBILITY FOR H-1B DEPENDENTS #amerika #abd #greencard
“Big immigration news for H-1B families in the U.S.! Starting August 15, 2025, a major policy shift from USCIS could strip thousands of children of their green card eligibility. This change affects how a child’s age is calculated under the Child Status Protection Act—and it has Indian American families, in particular, very worried.” What Changed? • USCIS announced it will now only use the “Final Action Dates” chart from the monthly Visa Bulletin to decide when a visa is available for children’s age calculations. • Up until now, USCIS allowed families to rely on the “Dates for Filing” chart, which was more favorable and gave kids a better chance of staying under 21. • This new rule applies to adjustment of status applications filed on or after August 15, 2025. If you file before that date, you’ll still benefit from the earlier, more lenient policy. Why This Is a Big Problem • The Child Status Protection Act (CSPA) was designed to prevent kids from “aging out” at 21 while waiting for a green card. • But with the new stricter method: o Kids’ ages are “frozen” later in the process. o Because Final Action Dates usually move much slower, many children could turn 21 before their priority date becomes current. o Once they “age out,” they lose eligibility and must find another visa or leave the U.S. Who Will Be Hit the Hardest? • Families from India are at greatest risk because of the massive green card backlogs in the EB-2 and EB-3 categories. • Thousands of Indian H-1B holders have kids nearing 21 who may suddenly become ineligible. • Families who thought they were safe under the 2023 policy now face uncertainty and potential family separation. What Families Can Do Right Now 1. File before August 14, 2025 if your child is close to turning 21 — you’ll still qualify under the more generous 2023 rules. 2. Consult an immigration attorney immediately for personalized strategies. 3. Track the Visa Bulletin every month — from now on, the Final Action Dates chart is the one that matters. 4. Explore backup options like F-1 student visas or independent petitions for your child if needed. 5. Employers may also help — involve your HR and legal teams early. Quick Comparison Period Chart Used for CSPA Aging Out Risk Before Aug 15, 2025 Dates for Filing Lower On/After Aug 15, 2025 Final Action Dates Higher
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