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Business Standard

H-4 kids of Indian H-1B workers face US visa expiry at 21: What next?

Children of Indian H-1B visa holders in the United States are grappling with an uncertain future as they approach their 21st birthday. Once they reach adulthood, they can no longer remain on dependent H-4 visas tied to their parents' employment, forcing them to find a new legal status or leave the country. Historically, a two-year grace period helped ease this transition. But recent changes to immigration regulations and pending court cases have left many unsure whether that option will survive. Impact of DACA ruling The uncertainty has deepened after a Texas court ruling last month halted work permits for new applicants under the Deferred Action for Childhood Arrivals (DACA) programme. DACA had offered two-year temporary protection from deportation for those who lost dependent status at 21, giving them time to adjust their situation. Without DACA, Indian youths who age out are left even more vulnerable. Many families are also waiting between 12 and 100 years for green card processing, stretching hopes ever thinner. What happens when dependent visas expire? H-4 status for dependent children ends either when they turn 21 or if the H-1B parent's employment ends. To stay legally in the US, switching to a full-time student visa (F-1) is the most common route. 'Children of individuals on employment-based visas (such as H-1B, L-1, or O-1) can only remain as dependents until they turn 21. On their 21st birthday, their status automatically expires,' Aaron Blumberg, Partner at US-based immigration law firm Fragomen told Business Standard. Blumberg explained that before this happens, the child must either: Depart the US, Switch to another legal status such as F-1 student visa, Or obtain a green card. 'The EB-5 category is different, as it is a pathway to permanent residence. For employment-based green card applications (EB-1, EB-2, EB-3, EB-5), children must generally get their green cards before turning 21. However, the Child Status Protection Act (CSPA) can sometimes allow eligibility beyond 21 depending on case-by-case analysis,' Blumberg added. Risks of overstaying without status Remaining in the US without valid status is dangerous, Blumberg warned. 'Remaining in the US without valid status carries significant risks and is strongly discouraged. The 21st birthday is a known milestone, allowing enough time to plan a strategy for either a status change or departure,' he said. Planning well in advance, he explained, is critical to avoid slipping into unlawful presence, which could lead to deportation. Policy shifts during Trump era According to Blumberg, dependents are facing more delays and scrutiny in visa processing. 'Visa applicants, including those applying for extensions, are facing increased scrutiny and vetting. We anticipate longer processing times and delays as a result of these heightened review procedures. It is important to plan ahead and submit extension requests early to minimise disruptions,' he said. Is there any relief for H-4 visa holders? There is some relief available for spouses on H-4 visas. 'Yes, H-4 spouses may be eligible for work authorisation if their H-1B spouse has an approved I-140 (a key green card step). If granted, the H-4 spouse will receive an Employment Authorization Document (EAD), allowing them to work without restrictions, including self-employment or working for multiple employers,' Blumberg explained. Complications for dependents when H-4 visas expire Ajay Sharma, founder of Abhinav Immigration Services, said that once a dependent turns 21, the fallout is immediate. 'In such cases, the immediate fallout is that the dependents also lose their status. There's no doubt about that,' Sharma said. He explained that: Dependents may apply for a student visa (F-1), Dependent spouses could apply for an EAD if the principal H-1B holder has an approved I-140, Moving from one visa status to another requires careful timing to avoid unlawful presence. 'The challenge often lies in moving from one status to another. Bridging that gap can be difficult, so one has to be very cautious about the dates—when one visa is expiring and another status is being considered,' Sharma said. Options after turning 21 For children who turn 21, Sharma pointed to limited options. 'One route is to file a new petition. Another possible route is applying under the Child Status Protection Act (CSPA), which can help them retain a valid immigration status after they turn 21. However, that's only a temporary solution,' Sharma said. He explained that beyond CSPA protection: Children must secure independent status such as an F-1 student visa, Or apply under employment-based categories like EB-5. 'If you know a child is ageing out in six months, then whatever process you're considering should start well in advance. If no steps are taken in time, their status could lapse, and they risk being placed in removal proceedings,' Sharma added. While students might be able to adjust their status under another visa category, options are few beyond the F-1 and employment-based visas. Future scrutiny expected under Trump administration Sharma warned that with Donald Trump's return to the White House, stricter rules are likely. 'With the Trump administration returning, stricter scrutiny is expected—both for new applications and extensions. This increased scrutiny could make it harder for applications that would've been processed smoothly in the past. Work authorisation under H-4, particularly, may face challenges. One must tread carefully until things settle and the new administration sets its immigration agenda, which may take another six months,' Sharma said.