H-1B Visa Holders: Major Update from the US Government – Rising Concerns for Indian Families

Thousands of Indian professionals working in the United States on H-1B visas bring their families along, hoping to secure a Green Card and settle permanently. However, recent policy changes have created uncertainty, especially for children of H-1B visa holders who are turning 21.

H-4 Visa Restrictions Create Challenges for Indian Families

Indians employed in the US under the H-1B visa program can bring their spouses and children under the H-4 dependent visa. However, according to US immigration laws, children lose their dependent status once they turn 21 unless they obtain a separate visa. With the latest policy revisions, young adults who have grown up in the US now face the tough decision of either leaving the country or finding an alternative visa to remain legally.

This has placed H-1B visa holders in a difficult situation—either they must send their children back to India alone or leave their high-paying jobs and return as a family.

How Many Indians Are at Risk of Leaving the US?

Previously, children turning 21 were given a two-year grace period to secure a new visa. However, recent rule changes and court decisions have removed this provision, making their stay even more uncertain. As of March 2023, data suggested that nearly 134,000 Indian children could lose their H-4 visa status before their families receive Green Cards. This means they would no longer have legal residency in the US.

Long Green Card Waiting Period Adds to Concerns

A recent Texas court ruling has further complicated matters by restricting new applications under the Deferred Action for Childhood Arrivals (DACA) program. DACA offered temporary protection from deportation for undocumented immigrants, including dependent children who aged out of their visa status. With this provision now uncertain, the future of many Indian-origin children remains in limbo.

Moreover, the Green Card backlog for Indian H-1B holders is extremely long, ranging from 12 years to even 100 years in some cases. Without permanent residency, their children lack a legal pathway to stay in the US.

Voices of Indian Students Affected by the Policy Change

A 20-year-old nursing student from California, whose dependent visa is expiring in August, shared her concerns with The Times of India:

"I have lived here since I was six. My education, my friends, and my future are all in the US. But now I am being told that I might have to leave the only country I’ve ever known."

While she has the option to switch to an F-1 student visa, this change would classify her as an international student, leading to higher tuition fees and the loss of federal financial aid and scholarships.

Another affected student from Texas expressed frustration over the financial burden, stating:

"Without state aid, I cannot afford tuition fees or work off-campus to support myself. It feels like I am being punished for something beyond my control. I now have to pay up to $45,000 (₹39.2 lakh) in tuition, while my friends pay just $10,000 (₹8.7 lakh)."

Conclusion

The recent US immigration policy changes have created significant challenges for Indian families on H-1B visas. With children facing the risk of losing their residency status and high tuition costs, many families are now struggling to find solutions. The uncertainty surrounding Green Card processing times further adds to their concerns, making this a pressing issue for the Indian diaspora in America.