New US Visa Rule Change Shocks Indian Families
A recent change in United States immigration policy is creating fresh challenges for Indian American families. Announced in August, the updated rule states that visa eligibility under the Child Status Protection Act (CSPA) will now be decided using the Final Action Dates chart. This change will be implemented from August 15, 2025.
EB-2 and EB-3 Families Most Affected
The policy will particularly affect applicants in the EB-2 and EB-3 employment-based categories. The most vulnerable are children nearing 21 years of age. Under the Immigration and Nationality Act (INA), only unmarried individuals below 21 are recognised as “children” for immigration purposes.
Risk of Losing Dependent Status
The problem arises because Final Action Dates in EB-2 and EB-3 often lag years or even decades behind the Dates for Filing. As a result, many teenagers may cross the age limit before getting their green cards, putting their dependent status at risk.
Possible Shift to Temporary Visas
This could create situations where parents become lawful permanent residents (LPRs) but their children are excluded. In such cases, the children may need to apply for a student visa (F-1) or another temporary visa. These processes can be complicated, costly, and uncertain.
Experts Urge Immediate Legal Guidance
Immigration experts strongly recommend that families with children close to turning 21 seek advice from a qualified immigration attorney without delay. Being aware of and preparing for the updated USCIS guidelines is crucial, especially for those already stuck in long green card backlogs.
Emotional and Financial Strain Ahead
This rule change is likely to bring uncertainty and anxiety to Indian immigrant families who have already faced years in the EB-2 and EB-3 queues. Ageing out of dependent status can disrupt education and career plans, while moving to temporary visas can delay permanent settlement in the U.S.
Families may also face emotional and financial stress while dealing with complex legal procedures. Overall, this shift could slow down family reunification and create new challenges for Indian immigrants seeking stability and security in America.
