Children of H-1B workers face visa-expiry at 21: What next?
What's the story
The future of children on H-4 visas, linked to their parents who are on H-1B visas in the US, is increasingly getting uncertain as they near adulthood.
When these young dependents become 21, they have to change to a new legal status or leave the country.
Recent changes in immigration laws and ongoing court cases have further complicated things, leaving many families in the dark about their options.
Visa transition
Transitioning from H-4 to F-1 visa
Once an H-4 visa holder turns 21, or their parent's employment is terminated, their dependent status is automatically revoked.
To stay legally in the US, switching to a full-time student visa (F-1) is the most common option.
"Children of individuals on employment-based visas can only remain as dependents until they turn 21," said Aaron Blumberg, Partner at US-based immigration law firm Fragomen.
Overstay risks
Risks of overstaying without legal status
Blumberg also warned against overstaying in the US without valid status.
"Remaining in the US without valid status carries significant risks and is strongly discouraged," he said.
This signifies the importance of planning in advance so as to avoid unlawful presence which can lead to deportation.
Work authorization
H-4 visa holders can apply for work authorization
Though children on H-4 visas are staring at uncertainty, some relief is in store for spouses on the visa.
Blumberg said, "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 be issued an Employment Authorization Document (EAD) and can work without restrictions, including self-employment or multiple employers.
Future options
Limited options for visa holders after 21
According to Ajay Sharma, founder of Abhinav Immigration Services, once a dependent is 21, the fallout is immediate: they lose their status.
He said dependents can apply for a student visa (F-1), while dependent spouses can apply for an EAD if the principal H-1B holder has an approved I-140.
Sharma added moving from one visa status to another requires careful timing to avoid unlawful presence.
Solution
CSPA offers temporary solution for H-4 visa holders
Sharma said that once the children turn 21, they are left with few choices: file a new petition, or apply under the Child Status Protection Act (CSPA), which helps in calculating age for certain immigration benefits after they age out.
But he stressed that it is only a temporary measure.
Outside of CSPA protection, they have to obtain independent status like an F-1 student visa, or under employment-based categories like EB-5.