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Annually the US sets aside only 1.4 lakh green cardsfor employment-based applicants and there is a 7% per country cap.Given the significant influx of skilled Indians in the US – majority of them holding an H-1B visa, this restrictive policy poses challenges. The employment-based green card backlog from India (EB-2 and EB-3 skilled category) has reached 10.7 lakh in March 2023. If factors such as death and aging-out are considered (which will lead to the individuals dropping from the backlog statistics), the wait for a green card is 54 years, else it is a whopping 134 years. These are the findings of a recent study done byDavid J. Bier, associate director of immigration studies with the Cato Institute.
Once children turn 21, they can no longer continue with their H-4 visa, which is meant for dependants and is tied to their parent’s H-1B work visa. On aging out (attaining the age of 21), these children who are referred to as documented dreamers have no option but to obtain an F-1 visa meant for international students, which comes with its own challenges such as limited work opportunities for the student and higher fees. The only other alternative is to self deport to India or another country. Many of these children grew up in the US and have little or no connection with their home country.
Bier had earlier stated that, “The fact that Chinese and Indians dominate the backlog is the result of the country caps where green cards are not issued proportionally to the number of pending applicants in each country but rather limited arbitrarily at 7% per nation of birth.”
Over the past few years, immigration reform bills, which included lifting the country-caps for employment-linked green cards have not fructified. Recently, the America’s Children Bill was introduced, which would protect the documented dreamers from ageing out of their legal immigration status on turning 21. It remains to be seen whether this Bill will be enacted.
Watch Nearly 1.34 lakh kids will age out before obtaining green card in US, face risk of family separation
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