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In the United States, thousands of Indian minors who moved here on H-4 visas now confront an uncertain outlook as they near their 21st birthday. According to current U.S. immigration regulations, these individuals will lose their dependency status under the H1-B visa held by their parents. Previously, they had a two-year window to adjust to a different visa category after aging out, but recent changes in immigration policies have complicated their prospects. Consequently, many are investigating alternative paths, including potential immigration to countries such as Canada or the UK, which offer more adaptable immigration frameworks. Additionally, the significant backlog in the U.S. employment-based green card system disproportionately impacts Indian migrants.
The U.S. Citizenship and Immigration Services (USCIS) recently declared the dates for H-1B visa application submissions for the fiscal year 2026, which will be open between March 7 and March 24. This H-1B visa, categorized as a non-immigrant visa, enables American companies to hire foreign individuals for specialized roles that necessitate specific theoretical or technical competencies.
The annual cap for the H-1B visas is set at 65,000, with an extra allotment of 20,000 for those possessing U.S. master’s degrees. The USCIS has adopted a beneficiary-focused selection method aimed at reducing fraudulent applications and promoting equitable selection. The updated registration fee stands at $215. It is estimated that nearly 134,000 Indian young adults are on the verge of losing their dependent visa status before their families can obtain green cards. The waiting times for permanent residency due to the U.S. immigration backlog can stretch anywhere from 12 to 100 years for many, posing a grave concern. Further complicating matters, a ruling from a Texas court has recently halted work permits for new candidates under the Deferred Action for Childhood Arrivals (DACA) program, exacerbating the situation. DACA offers temporary, renewable two-year protection against deportation for undocumented youths, including those who might lose their dependent status upon turning 21. Without this safety net, many Indian young adults are now anxious about their future.
Prominent progressive U.S. Senator Bernie Sanders has criticized the H-1B program earlier this year, claiming it primarily serves corporate interests by allowing companies to employ lower-paid foreign workers instead of hiring Americans. Senator Sanders articulated that the primary goal of the H-1B program is not to recruit the most skilled individuals but rather to supplant well-paying American jobs with a multitude of lower-paid foreign laborers who are frequently treated poorly.
In response, Senator Sanders has proposed an amendment to the Laken Riley Act, suggesting an increase in H-1B visa fees that could raise around $370 million each year, sufficient to fund nearly 20,000 scholarships for American students pursuing studies in STEM disciplines. He has also recommended boosting wages for H-1B holders to at least match the local median wage, thereby discouraging companies from undermining American pay scales. Moreover, Sanders has directed his criticism at billionaires such as Elon Musk and Indian-American businessman Vivek Ramaswamy for their endorsement of the H-1B program.
Elon Musk, recognized as the richest individual globally, alongside other billionaires, asserts that the H-1B visa program is essential because of a lack of qualified talent. However, he disagrees strongly with this perspective, stating unequivocally that they are mistaken. He referenced findings from the Economic Policy Institute, indicating that during the period from 2022 to 2023, the leading 30 companies utilizing the H-1B program terminated 85,000 American employees yet brought on more than 34,000 foreign workers.
