Trump Policy Change Threatens Legal Status Of Indian H-1B Families’ Kids

India-West News Desk

WASHINGTON, DC – A recent Trump administration policy change is set to jeopardize the immigration prospects of thousands of children of Indian H-1B visa holders, many of whom have lived in the United States for most of their lives.

On August 8, the Department of Homeland Security announced it will roll back a February 2023 Biden-era policy that had allowed certain dependent children to retain their legal status under the Child Status Protection Act (CSPA) even after turning 21, so long as a parent’s green card application was pending.

Starting August 15, 2025, these protections will only apply when a visa becomes available under the Department of State’s “Final Action Dates” chart, effectively reinstating the stricter pre-2023 rule. This change means that children who “age out” at 21—regardless of how long they have lived in the U.S.—could lose legal status and be forced to leave the country if their parents’ green card is still pending.

The move will particularly affect Indian families, who make up the largest share of H-1B visa holders. In fiscal year 2023, Indian nationals accounted for about 73% of all approved H-1B applications, according to the Pew Research Center. Many are stuck in employment-based green card queues—especially in EB-1, EB-2, and EB-3 categories—where wait times often exceed a decade due to country caps. Over a million Indian nationals are currently in the backlog.

USCIS said the change was intended to ensure “consistent” CSPA age calculations between applicants in the U.S. and those abroad. However, immigration advocates warn that the policy will disrupt the lives of an estimated 200,000 young people nationwide, many of them Indian Americans who came to the U.S. as children and identify the country as home.

Pending cases filed before August 15 will not be affected.