The Benefits of the How America’s Children Act for Children of H-1B Visa Holders

Thousands of Indian Children in the US Face Uncertain Future

As thousands of Indian children who migrated to the United States under the H-4 visa approach the age of 21, they face an uncertain future due to current immigration laws. The H-4 visa holders, who are dependents of H1-B visa holders, may no longer qualify as dependents once they turn 21. This situation, known as “aging out,” poses a risk of these individuals having to leave the country if their parents do not obtain Green Cards before they reach the age of 21.

Exploring Alternatives

In light of the challenges faced by Indian children on H-4 visas, many families are exploring alternative options. Some are considering immigrating to countries like Canada or the UK, which have more flexible immigration policies. The backlog in the US employment-based green card system disproportionately affects Indian immigrants, making it difficult for them to obtain permanent residency in a timely manner.

The USCIS Registration Period for H-1B Visas

The US Citizenship and Immigration Services (USCIS) recently announced the registration period for H-1B visas for fiscal year 2026. The registration process opens on March 7 and runs through March 24, providing an opportunity for skilled workers to apply for temporary work visas in the US.

The Risk of ‘Self-Deportation’

Reports suggest that dependents of people with H-1B visas are at risk of ‘self-deportation’ if they age out before their parents receive Green Cards. Aging out occurs when a child dependent turns 21 before their parent obtains permanent residency. This situation can lead to individuals having to leave the country or find alternative ways to stay legally.

Addressing the Aging Out Issue

To address the challenges faced by individuals aging out on H-4 visas, bipartisan legislation called the America’s Children Act has been introduced in Congress. This legislation aims to provide a clear pathway to citizenship for children who grew up in the US and maintained lawful status. The Act will ensure that individuals can stay in the country, keep their place in the Green Card application queue, and eventually apply for citizenship.

The Importance of Immigration Reform

Immigration reform is crucial for the United States, especially considering the economic contributions of skilled immigrants. With thousands of individuals facing the risk of leaving the country due to aging out on H-4 visas, reforming the immigration system to provide a pathway to citizenship for these individuals is essential for the country’s growth and development.

The Impact of Trump’s Immigration Policies

While there are concerns about Trump’s immigration policies, it is important to differentiate between legal and illegal immigration. The focus on cracking down on illegal immigration does not necessarily impact legal immigrants, including those on H-4 visas facing aging out issues.

The Threat to the 2-Year Extension Policy

The Trump administration’s stance on immigration policies, including the potential scrapping of the DACA program, poses a threat to individuals who rely on the 2-year work permit and protection provided by the program. With ongoing legal challenges to DACA, individuals on the program face uncertainty about their future in the US.