Indians get the short end of the stick when it comes to allotment of green cards – many working in the US on H-1B visas are caught in a decades-long backlog. For instance, when it comes to employment linked green cards, the overall cap is set at 140,000 per year plus any unused family-sponsored green cards that can be passed on to this category. In addition to the annual caps, be it for employment or family based green cards, no country can receive more than seven percent of the green cards. This adversely impacts Indians in the employment linked category.
A study by David J. Bier, director, immigration studies at Cato Institute shows that the employment based green card backlog from India (EB-2 and EB-3 skilled category) has crossed one million in March 2023. If factors such as death and ageing out are considered (which will lead to these individuals dropping from the backlog statistics) the wait for a green card is 54 years, else it is a whopping 134 years. 4.14 lakh Indians waiting in this category will die before they receive a green card and more than a lakh children of Indian families will age out (turn 21) and their dependent visa will no longer be valid and they will drop off the green card queue.
Currently, those children who are not born in the US, and whose families are caught in the green card backlog have to self deport on turning 21 or have to opt for another visa – say an international student visa.
Citizenship by birth at least gave the children of Indian couples waiting in queue for a green card a breather. If not they, at least their children were assured of stability on the immigration front.
Ashwin Sharma, immigration attorney said, “For the thousands of Indian nationals on H-1B visas already enduring the green card backlogs, Trump's proposal is illogical and staggeringly cruel. These skilled professionals often dedicate their prime years building lives and careers—to advance America's economy. One of the few consolations they have had during this ordeal is that their US-born children would have the security of US citizenship, sparing them from the relentless cycle of immigration issues. Trump's proposed executive order threatens to snatch away even this small solace from everyone who has played by the rules.”
timesofindia.indiatimes.com
