Now, children over 21 years of H-1B visa holders can't stay in US as dependents

Children of Indian H-1B work visa holder parents who have attained the age of 21 years may soon have to secure international students visa to continue with their studies in the US or self-deport to India. The US Senate recently obstructed one of the two bills that seek to remove the per-country green card limit.

Once the children turn 21, they will no longer be able to continue with their H-4 visas, meant for dependents of H-1B work visa holders. The children will have to secure F-1 visas for international students in order to continue with their studies in the US or self-deport to India, the Times of India reported.

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This has disappointed several Indian families whose children have turned 21 (aged-out). Furthermore, there is no surety as well if the students will get an F-1 visa, adding to their distress all the more.

The US on an annual basis puts aside only 1.40 lakh green cards for employment-based applicants. This prohibitive policy poses myriad challenges given the large influx of Indians in the country, since most of them hold H-1B visas.

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"Unlike people born in other countries, those born in India are subject to decade-long backlogs. So most other nationals can get their green cards within the six-year term of the H-1B, but not Indians," Cyrus Mehta, founder of a New York-based immigration law firm told the news daily.

There were 6.31 lakh Indians (comprising spouse and children below 21 years) in the employment-based immigration category, awaiting their green cards as of April 2018. They composed 76% of the entire employment-based green card backlog.

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