What Indians on the immigration queue lost when the US border deal failed
green card backlogs.
The Bill, if implemented, would have particularly helped Indians on K-1 fiancé/e and K-3 spouse visas, H-4 spouses and children of H1-B visa holders, individuals awaiting employment-based green cards, and those sponsored for family-based green cards waiting outside the US.
For H-1B visa holders with approved I-140 petitions, the Bill aimed to simplify the employment authorization process for their spouses. Traditionally, H-4 visa holders undergo a cumbersome process to obtain an employment authorization document (EAD). The proposed Bill sought to eliminate this requirement, allowing H-4 spouses to work 'incident to status,' streamlining the process and removing bureaucratic hurdles.
The Bill also intended to extend employment authorization to H-4 children, acknowledging the importance of comprehensive family support for H-1B visa holders. This expansion would enable dependents to contribute economically during their stay in the US, a significant step towards recognizing the needs of these families.
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A crucial provision addressed the issue of aging out for children of H-1B holders. Under the current system, these children risk losing their H-4 status upon turning 21. The proposed Bill offered a solution, allowing those who maintained H-4 status for at least eight years before turning 21 to apply for a green card alongside their parents, retaining their H-4 status beyond the age of 21 and gaining work authorization.
