Children of H-1B Visa Holders Face Uncertainty Over Green Card Rights

Washington, D.C. – August 11, 2025 A growing number of children of H-1B visa holders in the United States are at risk of losing their pathway to permanent residency due to prolonged delays in the green card process and restrictive immigration policies. These young individuals, often referred to as "Documented Dreamers," are facing an uncertain future as they age out of their dependent visa status, potentially forcing them to leave the country they’ve called home for much of their lives. The H-1B visa, a non-immigrant work visa, allows highly skilled foreign workers to live and work in the U.S. for up to six years, with the possibility of applying for a green card to gain permanent residency. However, the backlog for green cards, particularly for nationals from countries like India and China, can stretch over decades due to per-country caps and high demand. As a result, many children who arrive in the U.S. as dependents on their parents’ H-1B visas “age out” at 21, losing their H-4 dependent status before their families’ green card applications are processed.According to a 2024 report by the Cato Institute, an estimated 250,000 children of H-1B visa holders are currently in the U.S., with many approaching or exceeding the age of 21. These young adults, who have often spent most of their lives in the U.S., attended American schools, and built lives here, face the prospect of “self-deportation” to countries they may barely know. Without a clear legal pathway to remain, they risk losing access to education, employment, and community ties. “It’s heartbreaking,” said Priya Sharma, a 22-year-old Documented Dreamer who moved to the U.S. from India at age 5. “I’ve grown up here, gone to school here, and now I’m being told I might have to leave because of a system that’s broken. This is my home.”Recent policy changes have exacerbated the issue. In 2023, the U.S. Citizenship and Immigration Services (USCIS) tightened regulations around employment authorization for H-4 visa holders, limiting work opportunities for some dependents. Additionally, proposed changes to immigration rules under consideration by the Department of Homeland Security could further restrict pathways for aging-out children to transition to other visa categories, such as student or work visas, effectively cutting off their ability to stay legally in the U.S.Advocacy groups like Improve the Dream have been pushing for legislative reforms to address the plight of Documented Dreamers. Proposals include allowing children of H-1B visa holders to maintain their dependent status beyond age 21 if their parents’ green card applications are still pending, or granting them access to alternative visa pathways. However, these efforts have stalled in Congress amid broader debates over immigration reform.“These kids are as American as anyone else,” said Anika Patel, a spokesperson for Improve the Dream. “They’ve contributed to their communities and deserve a chance to stay. We need urgent action to fix this injustice. ”Lawmakers remain divided on the issue. Some argue that addressing the backlog and reforming the green card process would alleviate the problem, while others contend that prioritizing H-1B families could strain an already overburdened immigration system. With no immediate resolution in sight, thousands of young people face the looming threat of displacement. For now, families like the Sharmas are left in limbo, hoping for policy changes that will allow their children to remain in the only country they’ve ever truly known.