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Thousands of young Indian migrants in the United States, many of whom arrived as minors under the H-4 visa, are facing an uncertain future as they approach the age of 21. Currently, under U.S. immigration laws, once these individuals turn 21, they can no longer be considered dependents of their parents, who hold H-1B visas. For years, these young people had a two-year window to adjust their visa status after “aging out,” but recent changes in U.S. immigration policy have left many of them uncertain about their future.
With the possibility of losing their dependent status, many are exploring alternative pathways, including moving to countries like Canada or the UK, which offer more accommodating immigration policies. One of the key challenges is the backlog in the U.S. employment-based green card system, which heavily impacts Indian immigrants.
In response to this, the U.S. Citizenship and Immigration Services (USCIS) recently announced the registration period for H-1B visas for fiscal year 2026, which will run from March 7 to March 24. The H-1B visa is a non-immigrant visa that allows U.S. employers to hire foreign workers in specialized fields requiring technical expertise. However, the visa cap remains fixed at 65,000 per year, with an additional 20,000 available for applicants with U.S. master’s degrees. The USCIS has introduced a beneficiary-centered selection process to reduce fraud and ensure fairness, along with a new registration fee of $215.
Reports from March 2023 suggest that nearly 134,000 Indian children were expected to lose their dependent status due to aging out before their families could secure green cards. This, combined with the current green card backlog, means that many applicants may wait anywhere from 12 to 100 years for permanent residency.
Latest Rule From Texas
In addition to these challenges, a recent ruling from a Texas court has blocked new work permits for applicants under the Deferred Action for Childhood Arrivals (DACA) program, which temporarily protected undocumented youth, including those who lost dependent status after turning 21. This decision has exacerbated the concerns of young immigrants, including many from India, who now face a future filled with uncertainty.
Senator Bernie Sanders has been a vocal critic of the H-1B visa program. He argues that the program benefits large corporations by allowing them to bring in foreign workers at lower wages, often displacing American workers. He has proposed amendments to the Laken Riley Act that would increase H-1B fees and use the funds to provide scholarships for American students pursuing STEM fields. Additionally, he wants to raise wages for H-1B workers to at least the median wage in their respective areas, aiming to prevent companies from undercutting American salaries.
In his criticism, Sanders also targeted prominent figures such as Tesla’s CEO Elon Musk and Indian-American entrepreneur Vivek Ramaswamy, who have supported the H-1B program. He cited data from the Economic Policy Institute, which shows that between 2022 and 2023, the top 30 employers of H-1B workers laid off 85,000 American workers while hiring over 34,000 foreign workers on H-1B visas.
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