Will one lakh Indian children ‘return home’ from America?
#News Bureau March 6,2025
Will more than 1 lakh youth living in America be forced to return to India? Such a dilemma has arisen for these youth after the recent legal changes brought in America.
In fact, the children of H1-B visa holders who reached America as minors are facing a serious crisis as they approach the age of 21. These children will no longer be considered dependents of their NRI parents i.e. H-4 visa holders. US policy earlier allowed them to choose a new visa status for two years after attaining the age of 21, but recent changes in immigration rules and court cases have created uncertainty over this provision. These youth fear that they will be forced to deport themselves to India.
According to the data of March 2023, about 1.34 lakh Indian children will be out of dependent visa status before their families get green cards. They have got this visa because their parents have got US H-1B visa.
Recently, a Texas court has banned the granting of work permits to new applicants under Deferred Action for Childhood Arrivals i.e. DACA. DACA gives two years of temporary protection to illegal immigrants who are out of their parents’ dependent visa status after the age of 21. It could also be renewed. But the weakening of this provision has increased uncertainty among Indian youth. The problem becomes more serious when their parents’ green cards are pending in a waiting period of decades. The waiting period means that their turn to make a green card will come only after years.
The root cause of the green card issue is the US immigration policy. Under this policy, only 1.4 lakh green cards are issued every year to applicants for employment. There is a limit of 7% per country. Due to this limit, Indian H-1B visa holders are affected a lot.
What is the fear among students?
A 20-year-old nursing student from California’s H-4 visa is expiring in August. According to a TOI report, she says, ‘I have been here since the age of 6. My education, friends and future are all here. But now I am being told that I may have to leave the country that I consider my home.’ She can change her visa to an F-1 (student) visa, but there are many challenges with it. As an international student, she will not get in-state tuition fees, government financial aid and scholarships. She says, ‘This will put a huge financial burden on my family, which is already struggling with the heavy cost of living in America.
Another 20-year-old student from Texas whose H-4 visa expires this year says, “I cannot pay out-of-state tuition fees and cannot work off-campus. It feels like I am being punished for something I had no control over. I will have to pay $45,000 or Rs 39.2 lakh, while my friends study here for $10,000 or Rs 8.7 lakh.”
Many youngsters are now looking at countries like Canada or the UK, where immigration policies are more flexible. A graduate student from Memphis, who is about to turn 21, says, “This may be an easier option. There is no guarantee of a job or future even after studying here. My parents are planning to return to India after retirement, so I have no reason to stay here.” He further says, “India is like another foreign country for me. I came from there in my childhood. I will have to start everything afresh.”
The huge delay in the issuance of Green Card for employment in the US is a big problem for Indian immigrants. A student from Texas said, ‘Our waiting period is 23 years and I will turn 21 in October. What should I do after this? Earlier, under DACA, there was a two-year extension, which allowed us to study, work and get a social security number. But after the arrival of the new government and the ban on birthright citizenship, everything has become complicated.’
This crisis is not only legal and economic, but also emotional. These youth have grown up in America and their connection with India is nominal. Self-deportation means losing their identity and future for them.
Uncertainty over provisions like DACA and a long waiting period for Green Card have complicated the situation. The government’s new rules like the ban on birthright citizenship are further increasing the apprehension.
This crisis of children of H1-B visa holders highlights the flaws in the American immigration policy. These youth have neither a permanent solution nor a clear future. Options like Canada or the UK might be a relief for them, but it will not make it any less difficult for them.
