As of March 2023, nearly 1.34 lakh Indian children were expected to age out.
Thousands of Indians in the United States, who migrated as minors under the H-4 visa, now face an uncertain future as they approach the age of 21. Under current immigration laws in the US, they will no longer qualify as dependents of their H1-B visa-holder parents. Until now, they had two years to transition to another visa status after 'ageing out,' but recent shifts in immigration policy have thrown their future into doubt.
Many are now exploring other options, including immigrating to countries like Canada or the UK, which have more flexible policies. The massive backlog in the US employment-based green card system disproportionately affects Indian immigrants.
The US Citizenship and Immigration Services (USCIS) recently announced the registration period for H-1B visas for fiscal year 2026. The process opens on March 7 and runs through March 24. The H-1B visa, a non-immigrant visa, allows US companies to employ foreign workers in specialised occupations that require theoretical or technical expertise.
The H-1B cap remains 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.
According to a Times of India report, as of March 2023, nearly 1.34 lakh Indian children were expected to age out of dependent visa status before their families secured green cards. The backlog in the US immigration system means many will face long waits for permanent residency, with some applications projected to take anywhere between 12 to 100 years.
A recent ruling from a Texas court blocking work permits for new applicants under the Deferred Action for Childhood Arrivals (DACA) program has worsened the situation. DACA provides temporary, renewable two-year protection from deportation for undocumented youth, including those who lose dependent status after turning 21. Without this provision, many Indian youth now fear an uncertain future.
US Senator Bernie Sanders, a leading progressive, had criticised the H-1B program earlier this year, arguing that it primarily benefits corporations by bringing in lower-paid foreign workers instead of hiring Americans.
"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 from abroad who are often treated as indentured servants," Mr Sanders said.
Mr Sanders has proposed an amendment to the Laken Riley Act, aiming to double H-1B visa fees to generate $370 million annually, funding nearly 20,000 scholarships for American students in STEM fields. He has also proposed to increase wages for H-1B workers to at least the median local wage, preventing companies from undercutting American salaries.
Mr Sanders also took aim at billionaires like Tesla owner Elon Musk and Indian-American entrepreneur Vivek Ramaswamy for their support of the H-1B program.
"Elon Musk, the wealthiest man in the world, and other multi-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, he said that between 2022 and 2023, the top 30 H-1B employers laid off 85,000 American workers while hiring over 34,000 guest workers.
