Thousands of Indians living in the United States, who arrived as children on H-4 visas, now face an uncertain future as they near the age of 21. Under existing US immigration laws, they will no longer be considered dependents of their H-1B visa-holder parents. Previously, they had a two-year window to transition to a different visa status after "ageing out," but recent immigration policy changes have jeopardised their future.

Many are considering alternative pathways, including moving to countries like Canada or the UK, which offer more flexible immigration policies. The issue is further complicated by a significant backlog in the US employment-based green card system, which disproportionately impacts Indian immigrants. Meanwhile, the US Citizenship and Immigration Services (USCIS) has announced that H-1B visa registration for the 2026 fiscal year will be open from March 7 to March 24. The H-1B visa is a non-immigrant visa that enables US companies to hire foreign professionals for specialised roles requiring technical or theoretical expertise.

The H-1B visa cap remains at 65,000 per year, with an additional 20,000 visas allocated for applicants holding US master’s degrees. To minimise fraud and ensure a fair selection process, the USCIS has introduced a beneficiary-centric system. The new registration fee is set at $215.

A Times of India report from March 2023 revealed that nearly 1.34 lakh Indian children were at risk of losing their dependent visa status before their families could secure green cards. Due to the severe backlog in the US immigration system, many face long wait times for permanent residency, with some applications expected to take anywhere from 12 to 100 years.

The situation has worsened following a Texas court ruling that blocked work permits for new applicants under the Deferred Action for Childhood Arrivals (DACA) program. DACA offers temporary, renewable two-year protection from deportation for undocumented youth, including those who age out of dependent status at 21. With this provision now unavailable, many Indian youth face an uncertain future.

Meanwhile, US Senator Bernie Sanders has criticised the H-1B program, arguing that it primarily benefits corporations by allowing them to hire lower-paid foreign workers instead of prioritising American employees.

"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 from abroad who are often treated as indentured servants," Mr Sanders stated. 

Mr Sanders has introduced an amendment to the Laken Riley Act, proposing a doubling of H-1B visa fees to raise $370 million annually. The funds would provide nearly 20,000 scholarships for American students pursuing STEM education. Additionally, he has suggested raising the minimum wages for H-1B workers to at least the local median wage to prevent companies from lowering salaries for American workers.

He criticised billionaires such as Tesla owner Elon Musk and Indian-American entrepreneur Vivek Ramaswamy for supporting the H-1B visa program.

"Elon Musk, the wealthiest man in the world, and other multi-billionaires claim the H-1B program is vital due to a shortage of highly skilled workers. In my view, they are dead wrong," he stated. 

Referring to data from the Economic Policy Institute, he stated that between 2022 and 2023, the top 30 H-1B employers dismissed 85,000 American workers while bringing in over 34,000 guest workers.