Immigration Policy Changes for Indian H-1B Visa Holders

Potential Revocation of Birthright Citizenship

The White House administration's consideration to revoke birthright citizenship has raised concerns for Indian families holding H-1B visas and expecting children in the United States. While this policy is currently challenged in court and remains on hold, its implementation could have profound implications.

One significant challenge would be the increase in the number of "aging-out" children who are not covered under the Deferred Action for Childhood Arrivals (DACA) program. According to estimates, there are over 200,000 young immigrants, many of them Indians, who came to America as dependent children but aged out when they turned 21.

The issue of children aging out of dependent visa status is already a major concern for Indian professionals on H-1B visas. Revoking birthright citizenship could exacerbate this problem, leaving these children in a precarious immigration status as they reach adulthood, as explained by Neha Mahajan, co-founder of Skilled Immigrants in America (SIIA).

Revocation of Employment Authorization for H-4 Visa Holders

Another potential challenge for Indian professionals on H-1B visas is the move to revoke employment authorization documents (EADs) for spouses on dependent H-4 visas. The H-4 EAD, introduced during the Obama administration, provided economic independence to many spouses of H-1B visa holders. However, the Trump administration's first term saw efforts to revoke H-4 EADs, creating uncertainty and hardship for thousands of skilled immigrant women.

These potential policy changes underscore the need for Indian H-1B visa holders and their families to stay informed and seek guidance from experienced immigration lawyers to navigate the complex and ever-changing immigration landscape.