US Dependent Visa: Indians working in the US on H-1B visa are facing a big problem. The children of H-1B visa holders, who went to the US with their parents as minors, are now about to turn 21 and are facing the dilemma of leaving the US.
The reason for this is a government decision. H-1B visa holders are allowed to bring their spouses and children to the US as ‘dependents’. For this, they are given H-4 visa.
However, according to the US government rules, if the children are over 21 years of age and have not become US citizens, then they have to leave the country. If they want to stay in the US after the age of 21, they will have to obtain another visa. Currently, H-1B visa holder parents have two options. First, either they should send their children away from themselves and send them to India or they should leave their high paying job and return to India with them.
How many Indians are at risk of leaving the US?
Under the old government policy, after turning 21, there was a two-year time limit for a new visa, but now the rules have changed. Moreover, this facility has also been abolished due to court decisions. In such a situation, now they have the fear of returning to India on their own or living like ‘outsiders’ in America. According to the data of March 2023, about 1.34 lakh Indian children were expected to lose their H-4 visa status even before their families get green cards. In simple words, these children will not be able to stay legally in America after losing their visa status.
Long wait for Green Card and tension due to court’s decision
A Texas court recently ruled to ban work permits for new applicants under DACA (Deferred Action for Childhood Arrivals). This has caused the most confusion. DACA provides two years of temporary protection from deportation to undocumented immigrants, including children, who are no longer capable of being dependent on their parents after turning 21. Due to this provision, the future of Indian children is hanging in the balance.
The biggest tension is the long wait for the Green Card. Indian H-1B visa holder parents have applied for the Green Card, but their waiting time ranges from 12 years to 100 years. Due to the lack of a Green Card, their children also have no means to stay permanently in the country.
What did the Indian children say?
A 20-year-old nursing student from California’s dependent visa is expiring in August. Speaking to TOI, she said, “I have been living here since the age of six. My education, friends and my future are all here. But now I am being told that I may have to leave the country I have known since childhood.” However, the student has the option of converting her visa to an F-1 visa (student visa) to continue her studies. But if she does so, she will again be considered a foreign student.
“Being considered a foreign student not only means that kids like me will lose out on in-state tuition, federal financial aid and scholarships, but it will also put a financial burden on our families. Many of these families are already struggling with the rising cost of living in the US,” the student said.
Another 20-year-old student from Texas said, “I can’t afford the tuition fees without state aid or work off-campus to support myself. It feels like I’m being punished for something I had no control over. I have to pay up to $45,000 (Rs 39.2 lakh) in fees compared to my friends who pay $10,000 (Rs 8.7 lakh) here.”
Related Articles:-
- This is the world’s only airport where you can land in 3 countries at once!
- Vande Bharat train will run from New Delhi to Patna via Chhapra from March 8 – Check schedule here
- Sleeper Vande Bharat: India’s first sleeper Vande Bharat train is going to run, big update has arrived
- EPFO 3.0 Version: Key Points About Benefits and ATM withdrawals Allowed
- Tax officials have got many legal rights in new Income Tax Bill 2025
