U.S. Government Prepares Changes for Children of H-1B Visa Holders

USCIS modifies protections for minors

200,000 young people could lose status

CSPA will only apply when a visa is available

On August 8, 2025, the United States Citizenship and Immigration Services (USCIS) announced a major policy change that will affect the children of H-1B visa holders.

Particularly those waiting to adjust their immigration status through a Green Card application.

The new measure will mainly impact young people who turn 21 while their parents are still waiting for Green Card approval, putting their immigration status in the United States at risk.

USCIS Implements Changes to Immigration Policies

Modification to Legal Status for Children of H-1B Visa Holders

USCIS explained that the rule change cuts back protections under the Child Status Protection Act (CSPA) and will apply only when an immigrant visa is immediately available.

This means that minors who turn 21 before a visa becomes available will lose protection and will no longer be able to remain in line for adjustment of status.

According to USCIS, the change aims to “standardize” criteria for applicants both inside and outside the country, aligning policy with the rules in place before 2023.

Estimated Impact and Justification

It is estimated that around 200,000 minors could be affected by this change, a figure that primarily includes children of highly skilled temporary workers—especially H-1B visa holders.

These young people, mostly from India and China, could lose their legal status in the U.S. and face possible deportation if a visa is not available to them.

In its statement, USCIS said the modification seeks to establish a more consistent and fair approach, in line with new federal executive guidelines on immigration control.

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What Happened Before?

The CSPA, introduced in 2002, was designed to protect minors from losing their immigration status due to delays in their parents’ immigration process.

Under the previous administration, a February 2023 policy extended this protection even when visas were not available, allowing children of Green Card applicants to keep their eligibility for permanent residency regardless of delays.

However, under the new change, this “age lock” will only apply if the visa is already available according to the State Department’s monthly visa bulletin.

Exceptions and Long-Term Effects

The change will not affect those who already have pending applications under the previous policy, but it will apply to those who file after August 15, 2025.

The update also excludes minors under other specific categories of the federal immigration system.

Families affected may explore alternatives such as switching to a student visa (F-1) to maintain temporary legal status while waiting for an immigrant visa to become available.

Recommendations for Affected Families

U.S. Government Prepares Changes for Children of H-1B Visa Holders – PHOTO Shutterstock

USCIS has recommended that families in the process of adjusting status review the monthly visa bulletin and seek specialized legal advice to evaluate their options.

In complex cases, young people affected by the change could face a long process to resolve their immigration situation.

The measure will particularly impact families from countries with high demand for immigrant visas, such as India and China.

This change in immigration policy could have a significant impact on thousands of families already facing long waits for a Green Card.

The new rule modifies a system already under pressure due to overloaded waiting lists and the inherent complexities of the immigration process.

Federal authorities have not announced any changes to processing for other immigrant categories, but this adjustment will have consequences for many families in the coming years.

What do you think about this change in U.S. immigration policy? How do you believe it will affect families in the process of obtaining their Green Card?

SOURCE: Infobae / Telemundo Noticias