Thousands of Indian nationals residing in the United States on H-4 dependent visas now face an uncertain future as they near the age of 21, at which point they will no longer qualify as dependents of their H-1B visa-holder parents under prevailing immigration laws.
The change has left many grappling with limited options for legal residency, with some considering emigration to other countries.
Until now, individuals ageing out of dependent status were allowed a two-year transition period to secure an alternative visa.
However, recent policy shifts have thrown this process into disarray.
A growing backlog in the employment-based green card system has exacerbated the issue, disproportionately affecting Indian immigrants.
Many are now considering migration to nations such as Canada and the United Kingdom, which have more flexible immigration frameworks.
The United States Citizenship and Immigration Services (USCIS) has announced the registration period for H-1B visas for the fiscal year 2026, opening on 7 March and running until 24 March.
The H-1B visa, a non-immigrant work permit, enables US employers to hire foreign professionals in specialised fields requiring technical expertise.
The annual H-1B visa cap remains fixed at 65,000, with an additional 20,000 visas reserved for applicants holding US master's degrees.
The USCIS has also introduced a beneficiary-centric selection system aimed at minimising fraud and ensuring a more equitable allocation process. Under the revised regulations, applicants must now pay a registration fee of $215.
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According to reports, nearly 1.34 lakh Indian children were expected to age out of dependent status as of March 2023, before their families could secure green cards.
The backlog in the US immigration system has resulted in processing delays, with some applications projected to take between 12 and 100 years for approval.
Legal hurdles
A recent ruling by a Texas court has further complicated matters by blocking work permits for new applicants under the Deferred Action for Childhood Arrivals (DACA) programme.
This programme previously provided temporary, renewable two-year deportation relief for undocumented youths, including those who lost dependent status upon turning 21. The ruling has left thousands, including Indian youths, in limbo.
Meanwhile, US Senator Bernie Sanders has renewed his criticism of the H-1B visa programme, arguing that it primarily serves corporate interests rather than skilled workers.
"The main function of the H-1B programme 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," Sanders remarked.
Sanders has introduced an amendment to the Laken Riley Act, proposing to double H-1B visa fees, thereby generating an estimated $370 million annually to fund nearly 20,000 scholarships for American STEM students.
He has also suggested mandating that H-1B workers receive wages at least equal to the median local salary to prevent firms from undercutting American employees.
The debate over immigration policy has also drawn in high-profile figures such as Tesla owner Elon Musk and Indian-American entrepreneur Vivek Ramaswamy, who have both defended the H-1B programme as necessary for attracting global talent.
Sanders, however, remains unconvinced.
"Elon Musk, the wealthiest man in the world, and other multi-billionaires claim the H-1B programme is vital due to a shortage of highly skilled workers. In my view, they are dead wrong," he said.
Citing data from the Economic Policy Institute, Sanders noted that between 2022 and 2023, the top 30 H-1B employers collectively laid off 85,000 American workers while hiring over 34,000 foreign workers under the programme.
Thousands of Indian families in the US are left to weigh their options, with many hoping for a legislative remedy that could secure their long-term residency status.
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