Introduction

For thousands of young Indians living in the United States, the American Dream is teetering on the edge of a harsh reality. As they approach the age of 21, many are being forced into a troubling and uncertain situation — the looming threat of “self-deportation.” These are not undocumented migrants or individuals who violated visa rules; they are the children of skilled workers, primarily on H-1B visas, who arrived in the U.S. legally under dependent H-4 visas. Now, because of restrictive and outdated immigration laws, they are aging out of the system, effectively losing their legal status and the right to stay in the country they’ve grown up in.

The "Aging Out" Crisis

Under current U.S. immigration laws, children under H-4 dependent visas lose their status when they turn 21. At that point, they are no longer considered dependents of their H-1B visa-holding parents and must find another legal route to remain in the country — often within an extremely narrow timeframe. Until recently, these young adults had about two years to transition into another visa category, such as a student visa (F-1) or, for the lucky few, obtain an H-1B visa themselves. However, recent shifts in immigration policy and rising backlogs have made that transition increasingly difficult.

According to a Times of India report from March 2023, nearly 134,000 Indian children in the U.S. were expected to age out of their dependent status before their families could secure green cards. With green card applications from Indian nationals often stuck in massive backlogs that span decades — projections suggest a wait time of anywhere from 12 to 100 years — many families are left in a bureaucratic limbo. These children, raised as Americans in culture, language, and values, are now being forced to consider leaving the only home they’ve ever truly known.

The Fear of "Self-Deportation"

The term “self-deportation” has become a painful reality for these families. As they age out and lose their legal status, many of these young adults have no option but to leave the U.S. voluntarily to avoid violating immigration law. It's a cruel paradox: comply with the law and leave, or overstay and face a future marred by legal consequences, including bans on re-entry.

Some families are now looking at immigration options in countries like Canada or the United Kingdom, where immigration systems are more flexible, and dependent children aren’t punished simply for growing up. Others try to transition into a student visa, which comes with significant financial burdens — international tuition rates, limited work opportunities, and uncertainty about staying post-graduation.

The H-1B Bottleneck

At the heart of the problem is the H-1B visa system and the employment-based green card backlog. The H-1B is a non-immigrant visa that allows U.S. companies to employ foreign workers in specialized fields like IT, engineering, medicine, and science. While the visa has been instrumental in bringing skilled workers, particularly from India, to the U.S., its annual cap — 65,000 general slots and 20,000 for U.S. advanced degree holders — hasn't kept pace with demand.

The USCIS (United States Citizenship and Immigration Services) recently announced that the registration for fiscal year 2026 H-1B visas will take place from March 7 to March 24, with a new beneficiary-centric selection system aimed at reducing fraud. However, the basic structure remains unchanged, and the number of visas remains capped.

For the children of H-1B holders aging out, the lottery system of H-1B visas presents an additional gamble — one that many simply can’t afford to lose.

Green Card Backlogs: A Silent Crisis

Indian nationals are disproportionately affected by the green card backlog due to per-country caps that limit how many people from a single country can obtain permanent residency each year. Because of the high number of Indian applicants, many have been waiting for over a decade — and in some cases, well over two decades — for their green card applications to be processed.

This backlog not only affects the parents on H-1B visas but also their children. If parents can’t obtain green cards in time, their children are left in legal limbo once they turn 21. And the clock is ticking.

Legal Protections Are Shrinking

To make matters worse, a recent Texas court ruling has blocked new applications for work permits under the Deferred Action for Childhood Arrivals (DACA) program. DACA, introduced under the Obama administration, offered temporary protection from deportation and work authorization for undocumented youth — including some who had lost dependent visa status after turning 21.

While DACA was never a comprehensive solution for all “documented dreamers” — a term increasingly used for these H-4 visa children — it did offer a lifeline to some. Now, with that door closing, their options are narrowing even further.

Rising Political Tensions

The broader political landscape has also grown increasingly hostile. Senator Bernie Sanders, a prominent progressive figure, has recently criticized the H-1B visa program, arguing that it is more about helping corporations reduce labor costs than truly addressing skills shortages.

In a passionate critique, Sanders stated:

“The main function of the H-1B program is not to hire ‘the best and the brightest’ but rather to replace good-paying American jobs with hundreds of thousands of lower-paid guest workers from abroad who are often treated as indentured servants.”

Sanders has proposed an amendment to the Laken Riley Act to double H-1B visa fees, generating an estimated $370 million annually to fund scholarships for American students in STEM fields. He also advocates for raising the minimum wage for H-1B workers to the median local wage, a move aimed at reducing corporate exploitation.

The senator has not spared tech moguls either, calling out figures like Elon Musk and Indian-American entrepreneur Vivek Ramaswamy for their support of the H-1B program.

Citing data from the Economic Policy Institute, Sanders noted that between 2022 and 2023, the top 30 H-1B employers laid off 85,000 American workers while hiring 34,000 guest workers — challenging the notion that the program fills critical skill gaps.

The Emotional Toll

Beyond policies, numbers, and visas, there’s a human cost to all of this. These young adults — many of whom have spent most of their lives in the U.S. — now face the emotional and psychological burden of leaving their friends, communities, and sometimes even family members behind. They’ve attended American schools, contributed to their communities, and often don’t know any other country as home.

Stories abound of young Indians forced to uproot their lives days after turning 21, heading to unfamiliar countries, and leaving behind years of integration. The trauma of forced separation and legal uncertainty can leave lasting scars.

The Push for Reform

Immigration advocates and lawmakers are increasingly pushing for reforms to address the “aging out” crisis. Bills like the America’s CHILDREN Act, introduced in previous Congressional sessions, aimed to protect documented dreamers by offering them a path to citizenship and shielding them from self-deportation. However, such legislation has often stalled due to broader political divisions over immigration.

Organizations like Improve The Dream, a youth-led advocacy group representing documented dreamers, continue to campaign for legislative solutions and raise awareness about this growing issue.

What Lies Ahead

As the U.S. gears up for another H-1B visa cycle, the fate of thousands of young Indians remains precarious. Without immediate policy changes or compassionate interventions, more families will be forced to make impossible choices — to separate, to leave, or to live in fear.

In the end, the debate over immigration policy is more than just a battle of ideologies or economics; it’s a fight over who gets to belong. And for thousands of Indian families who followed every rule, paid their taxes, and built lives in America, the answer seems increasingly uncertain.

Unless reform comes soon, the U.S. risks losing not just some of its most hardworking immigrant families — but also the very values of fairness and opportunity it claims to uphold.