H-1B visa holders' children at risk of losing their protected legal status; Know about new USCIS policy change

The Trump administration has modified H-1B visa policies, revoking protections for children of visa holders who age out while awaiting green cards.

Updated on: Aug 10, 2025, 20:23:48 IST

By Shweta Kukreti

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The Trump administration changed its policy on Friday, allowing children of holders of H-1B visas to age out of their protected legal status as their parents apply for green cards.

The Trump administration withdrew those extensions on Friday, stating that CSPA provisions would again be provided when a visa is made available through the Department of State. (All-In Podcast)

In its statement, the Department of Homeland Security (DHS)stated that it was modifying a Biden administration regulation that shielded young adults from surrendering their legal status if a parent's petition was still processing when their children turned 21.

The move, which coincides with news changes at the US Citizenship and Immigration Service (USCIS) to align regulations with President Donald Trump's orders to tighten immigration controls, may impact about 200,000 children and young adults.

Also Read: Did Trump's White House delete sections on foreign gifts, due process from Congress’ Constitution site?

What we know about new USCIS policy change

The USCIS policy change impacts people covered by the Child Status Protection Act (CSPA), which was made available to certain children in February 2023 under the ex-President Joe Biden's government as soon as their parents were qualified to apply for a green card.

Therefore, they would not lose their legal status even if they “aged out” while waiting for a green card.

The Trump administration withdrew those extensions on Friday, stating that CSPA provisions would again be provided when a visa is made available through the Department of State. This would establish a more uniform process for individuals seeking immigrant visas and adjustment of status, according to USCIS.

“The Feb. 14, 2023, policy resulted in inconsistent treatment of aliens who applied for adjustment of status in the United States versus aliens outside the United States who applied for an immigrant visa with the Department of State,” the USCIS stated.

Extended waiting periods for applications to change their status, especially for those with H-1B and other temporary visas, may now result in a dependent child losing their legal status and possibly having to depart this nation when they turn 21, even if they have spent the majority of their lives here.

ABOUT THE AUTHOR
Shweta Kukreti
Shweta Kukreti has over 8 years of experience in covering Indian and world politics. She joined the Hindustan Times in 2024 and is primarily assigned to the US desk. She currently works as Deputy Chief Content Producer and reports on a wide range of topics, including US politics, immigration issues (especially H-1B visa) and major global events. Shweta strongly emphasizes team operations, which encompasses monitoring news, delegating tasks, editing, developing comprehensive coverage strategies, and crafting engaging, and data-informed narratives. She received the Digi Star Award at the Hindustan Times within a year of joining for her broad coverage of US politics. In 2025, she earned both a promotion and a redesignation, a significant achievement recognising her contributions and the strong value she brings to the team. She has previously worked with the Indian Express, HTDS, ANI and Republic World. Seniors in all the media organisations recognised her work. Regarding education, she earned a BA (Hons.) in Political Science and a master's degree from Delhi University, and she pursued a PG Diploma in English Journalism from the Indian Institution of Mass Communication (IIMC). She also holds a diploma in Women's Empowerment and Development from IGNOU University and a French certification course from Alliance Française de Delhi. If not working, you can find her exploring the hills and engaging in adventurous activities in Rishikesh and Himachal Pradesh. She loves to play badminton, volleyball, and chess, and spend time with her friends and family. She also enjoys spiritual activities.Read More

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