America H-1B Visa Green Card (REPRESENT’s Image)
America H-1B Visa: In the US, the difficulties of people working on H-1B visas may increase in the coming days. Due to the new policy of the US government, children of H-1B visa holders will find it difficult to get green cards. The US Citizenship and Immigration Services (USCIS) has updated its policy manual regarding the ‘Chiles Status Protection Act’ (CSPA). The new policy will apply to the petitions filed on 15 August 2025 or after that. After the update to CSPA, children of H-1B visa holders are going to get a green card.
The new rule is important for Indians, such age calculation will be like this
Under the new policy, both the USCIS and the Department of External Affairs will depend on the final action date chart. This means that a visa is considered ‘available’ only when the final action date is present. This change may reduce the duration of safety of children under CSPA, which may lead to the age of some children than before. This new rule is important for Indians as the number of employees is the highest under H-1B visa. About 73 per cent of the approved applications in FY 2023 are of Indian citizens. According to the Pew Research Center, since 2010, every year most H-1B sanctions have been continuously received by people born in India.
How did the age calculation happen earlier?
Indeed, earlier Dates for filing charts were used by USCIS to determine visa availability for CSPA Edge Calculation. Because of this there was sometimes difference between applicants inside and outside the US. Under the new policy, both USCIS and Ministry of External Affairs will use final action dates. This means that the visa will be considered available only when the final action date is present. This change will reduce the period that protected the child under CSPA.
There is a matter of concern for Indians
The new change has created concerns in the families of Indian H-1B visa holders, many of which have been facing visa backlogs for decades. According to a newsweek report, about 2,00,000 children and youth can be affected by this change. Indians have the largest number of H-1B visa holders in the US. According to a Business Standard report, H-1B was released to about 1,91,000 Indians in FY 2023 and in FY 2024, the number of Indians with H-1B visa increased to about 2,07,000.
What was the policy at the time of Biden administration
Under the February 2023 policy launched during the Biden administration, some children were considered eligible for safety as soon as they were eligible to apply for their parents’ green cards. According to the report, this means that even if his age also increased while waiting for the Green Card, he will not lose his legal status.
What are the rights of green card holders
People who have green cards in America also have rights. They have the right to seek legal representation and remain silent when they are detained by federal authorities. It is necessary to submit the document, but it is not necessary to respond to the inquiry of immigration officers without legal representation. America’s Green Card or Permanent Residence Card allows migrants to work and live permanently in the United States.
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