New US policy will put children of H1-B visa workers at risk

The new guidelines will come into effect from August 15.

"We are updating the Policy Manual to clarify that a visa becomes available for the purposes of Child Status Protection Act age calculation based on the Final Action Dates chart of the Department of State Visa Bulletin," read the statement.

"We will apply the Feb. 14, 2023, policy of CSPA age calculation to adjustment of status applications pending with USCIS before August 15, 2025, as these aliens may have relied on that policy when they filed," the statement further said.

The United States Citizenship and Immigration Services said the policy update ensures both USCIS and the Department of State use the Final Action Dates chart in the Visa Bulletin to determine when a visa becomes available for the purposes of CSPA age calculation.

"This establishes a consistent CSPA age calculation for aliens who apply for adjustment of status and immigrant visas. 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 statement said.

Permanent residential status for an unmarried alien child

Generally, an unmarried alien child must be under age 21 to obtain lawful permanent resident status in the United States based on their parent’s approved petition for a family-sponsored, employment-based, or diversity visa.

If they turn 21 and age out during the immigration process, they generally are no longer eligible to immigrate based on their parent’s petition.