Thousands of Indian immigrants in the United States who arrived as minors under H-4 visas now face an uncertain future as they approach the age of 21.
Under current U.S. immigration laws, these individuals lose their dependent status once they reach adulthood and can no longer remain under their parents’ H-1B visas. Previously, many could transition to another visa category, but increasing delays in the system have made this pathway difficult. As a result, many are now considering alternative immigration options, such as relocating to Canada or the UK, where policies are more accommodating.
The severe backlog in the U.S. employment-based green card system disproportionately affects Indian immigrants, with wait times stretching from 12 years to more than a century for permanent residency. The U.S. Citizenship and Immigration Services (USCIS) recently announced the H-1B visa registration period for fiscal year 2026, set to run from March 7 to March 24. The H-1B visa allows U.S. companies to hire foreign workers in specialized fields that require technical or theoretical expertise.
Demand for H-1B visas far exceeds supply, with an annual cap of 65,000 visas, plus an additional 20,000 set aside for applicants with U.S. master’s degrees. To enhance fairness and reduce fraud, USCIS has introduced a new beneficiary-centric selection process, and the updated registration fee is now set at $215.
As of March 2023, an estimated 134,000 Indian children were at risk of aging out of their dependent visa status before their families could secure green cards, according to a Times of India report. Exacerbating the issue, a recent Texas court ruling blocked work permits for new applicants under the Deferred Action for Childhood Arrivals (DACA) program, which had previously provided temporary deportation protections for undocumented youth, including those aging out of dependent status. Without this safeguard, many young Indian immigrants now face an uncertain future.
U.S. Senator Bernie Sanders has been a strong critic of the H-1B visa program, arguing that it benefits corporations at the expense of American workers by bringing in lower-paid foreign employees. He stated, “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.”
In an effort to address these concerns, Sanders has proposed the Laken Riley Act, which would double H-1B visa fees, generating an estimated $370 million annually. The funds would be used to support 20,000 scholarships for American STEM students and to curb the displacement of American workers. This proposal has further fueled the ongoing debate over the role and impact of the H-1B program on the U.S. job market.
Despite criticism, the H-1B program has received strong backing from key figures in the tech industry, including Elon Musk and Indian-American entrepreneur Vivek Ramaswamy. Musk has warned that restricting H-1B visas could lead to a shortage of skilled workers in the U.S., stating, “In my view, they are needed badly.” However, a report from the Climbing Economic Policy Institute highlights that between 2022 and 2023, the top 30 H-1B employers laid off 85,000 American workers while simultaneously hiring over 34,000 guest workers.
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