Many immigrants and their children come to the United States under legal nonimmigrant visas such as the H1B or the E2. Most high-skilled immigrants enter the United States under the H1B visa. Due to long backlogs for certain countries (disproportionately affecting immigrants from India), the children who came with their parents "age-out" of their status at age 21, before parents obtain a green card. So they have to leave the country unless they find a temporary way to stay. The greencard backlog disproportionately affects immigrants from India due to the 7% per country caps for employment based green card. Check out this medium article for a deeper understanding. E2 non-immigrant visa holders (immigrant small business owners employing Americans) have no pathway to citizenship. So the children these job creators bring with them have to self-deport at 21 or when they lose other temporary status. The children of these long-term visa holders “age-out” of their dependent status because current law only allows them to remain as dependents on their parent’s visa until 21. While they can move onto a temporary student visa for school, after completing their education, they must leave the country they grew up in, unless they are lucky enough to be sponsored by an employer. Meanwhile, when growing up and while in college, these individuals are not eligible for work authorization like DACA recipients or even in-state tuition in many states. (Ironically, they would have been eligible for work authorization, in-state tuition in many states, and proposals such as the Dream Act had their parents lost status).

1. Pass America's Children Act (HR. 4331 and S. 2753). America's Children Act provides a pathway to permanent residency for individuals who were brought to the United States as child dependents of long-term visa holders, have maintained status in the United States for 10 years, and have graduated from an institution of higher education.​ It also establishes age-out protections that lock in a child’s age on the date on which they file for a green card rather than the final action date.​ It provides work authorization for children of long-term visa holders whose green card applications are pending, if they are at least 16 years old.​ Finally, it allows children who have aged out to retain original priority date for subsequent petitions.

The main requirements for DACA include the following: 1. Were under the age of 31 as of June 15, 2012; 2. Came to the United States before reaching your 16th birthday; 3. Have continuously resided in the United States since June 15, 2007, up to the present time; 4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS; 5. Had no lawful status on June 15, 2012 While many children of long term visa holders meet the age and residence requirements, they cannot qualify for the protection or work authorization that comes with DACA as they do not meet requirement #5, which required one to have no lawful status on June 15, 2012.