Thousands of Indian immigrants in the United States, who arrived as minors under H-4 visas, now face uncertainty as they approach age 21.
Under current US immigration laws, they no longer qualify as dependents of their H-1B visa-holder parents once they age out. Previously, they had two years to transition to another visa status, but recent policy shifts have put their future in doubt.
Many affected individuals are now considering alternative immigration pathways, including relocating to Canada or the UK, which have more flexible policies.
The massive backlog in the US employment-based green card system disproportionately affects Indian immigrants, with wait times ranging from 12 to 100 years for permanent residency.
The US Citizenship and Immigration Services (USCIS) recently announced the H-1B visa registration period for fiscal year 2026, running from March 7 to March 24. The H-1B visa, a non-immigrant work visa, allows US companies to hire foreign workers in specialized fields requiring theoretical or technical expertise.
The H-1B cap remains at 65,000 visas per year, with an additional 20,000 for applicants with US master’s degrees. The USCIS has introduced a beneficiary-centric selection process to reduce fraud and ensure fair selection. The new registration fee is $215.
As of March 2023, an estimated 1.34 lakh Indian children were expected to age out of dependent visa status before their families secured green cards, according to a Times of India report.
A recent Texas court ruling blocking work permits for new applicants under the Deferred Action for Childhood Arrivals (DACA) program has further worsened the situation. DACA offers temporary, renewable two-year deportation protection for undocumented youth, including those aging out of dependent status. Without it, many Indian youth now face an uncertain future.
US Senator Bernie Sanders has strongly criticized the H-1B program, arguing that it primarily benefits corporations by bringing in lower-paid foreign workers instead of hiring American workers.
"The main function of the H-1B program is not to hire ‘the best and the brightest’ but rather to replace good-paying American jobs with hundreds of thousands of lower-paid guest workers who are often treated as indentured servants," Sanders stated.
Sanders has proposed an amendment to the Laken Riley Act, aiming to double H-1B visa fees to generate $370 million annually, which would fund 20,000 scholarships for American STEM students. He also proposed raising wages for H-1B workers to at least the median local wage, preventing companies from undercutting American salaries.
Additionally, Sanders took aim at billionaires like Elon Musk and Indian-American entrepreneur Vivek Ramaswamy for their support of the H-1B program.
"Elon Musk and other billionaires claim the H-1B program is vital due to a shortage of highly skilled workers. In my view, they are dead wrong," he said.
Citing Economic Policy Institute data, Sanders noted that between 2022 and 2023, the top 30 H-1B employers laid off 85,000 American workers while hiring over 34,000 guest workers.
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