The proposal, once approved by the U.S. President, has the potential to provide a great sense of relief to numerous foreign professionals, a substantial proportion of whom are from India
A significant development has recently emerged from the White House Commission for Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Affairs, which could have far-reaching implications for the U.S. immigration system, particularly concerning the Green Card application process. This proposal, once approved by the U.S. President, has the potential to provide a great sense of relief to numerous foreign professionals, a substantial proportion of whom are from India.
Green Cards, officially referred to as Permanent Resident Cards, are documents granted to immigrants in the U.S. as evidence of their permanent residency status. The Green Card application process consists of several stages, commencing with employers submitting I-140 applications and subsequently progressing to the crucial I-485 adjustment of status stage.
Presently, at the I-485 stage, individuals are issued an Employment Authorization Card (EAD) and travel documents known as Advance Parole, which grant them the ability to work for any employer until their Green Card application is fully processed. This information was explained by Indian American community leader Ajay Jain Bhutoria, who put forward the recommendation during the latest AANHPI meeting.
According to the proposal, the Department of Homeland Security’s U.S. Citizenship and Immigration Services (DHS USCIS) should grant Employment Authorization Documents (EADs) and travel documents to individuals with approved I-140 employment-based visa petitions in the EB-1, EB-2, and EB-3 categories who have been stuck in the visa backlog for five or more years, regardless of whether they have filed applications for adjustment of status. The validity of these EADs and travel documents should extend until the final stage of their Green Card application is processed.
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This recommendation could potentially bring about historic changes in the U.S. immigration system, benefiting both the nation and highly skilled foreign-born individuals eager to contribute to the United States
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It could encourage entrepreneurship, address workforce gaps, and promote innovation, solidifying the United States as a global hub for talent and innovation
The backlog for Green Card applications in the U.S. has grown to over 1.8 million, with a significant impact on individuals from Asian American and Pacific Islander (AAPI) countries, such as China, the Philippines, and India. Processing times may span from 5 to 20 years, and in extreme cases, over 50 years. This backlog situation raises concerns that some applicants may never receive their Green Cards during their lifetime.
Under the current system, workers are often compelled to remain with the same employer in the same role for many years, enduring discrimination and exploitation. They may find themselves working in positions that do not match their skills, potential, or experience. Job portability is limited, making it challenging to switch employers, leading to dissatisfaction, pressure, and unhappiness for individuals and their families.
This situation, in turn, contributes to mental health issues within AAPI communities, as the threat of job loss and returning to their home country is ever-present. This also puts the education of their children in jeopardy. Workers are forced to perform under these difficult circumstances.
The implementation of the recommendation aims to provide freedom of movement between employers without restrictions, benefiting both workers and the economy. It facilitates travel by obtaining advance parole, reducing visa appointment backlogs at U.S. embassies, and allowing individuals to care for their aging parents in their home countries.
Furthermore, the proposal addresses workforce shortages, particularly in critical areas like healthcare and STEM (Science, Technology, Engineering, and Mathematics) fields. It aims to bridge gaps in rural communities and fill specialized job roles. This, in turn, provides protection against deportation during health crises leading to disability or the death of a spouse on an H-1B visa. It ensures fair and humane treatment, mitigates wage stagnation, enhances career opportunities, and reduces the burden of temporary status, ultimately improving the mental health and well-being of immigrants and their families.
The H-1B visa, a non-immigrant visa allowing U.S. companies to employ foreign workers in specialty occupations, is vital to technology companies and other sectors that rely on it to hire employees from countries such as India and China.
This recommendation could potentially bring about historic changes in the U.S. immigration system, benefiting both the nation and highly skilled foreign-born individuals eager to contribute to the United States. It could encourage entrepreneurship, address workforce gaps, and promote innovation, solidifying the United States as a global hub for talent and innovation.
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