Senator Mike Lee on Wednesday stated that the current Green Card policy did nothing for the child of an immigrant whose dead parent's Green Card application was denied because of their joblessness. "Someone from India entering the backlog today would have to wait 195 years to receive an EB-3 green card. Even if we give their children this limbo status, none of them will have a prayer of becoming a US citizen," Lee said on the Senator floor.
What is the Green Card?
A Green Card is officially known as a Permanent Resident Card. This document is issued to immigrants to the US as evidence that the bearer has been granted the privilege of residing permanently.
What is the status of green card for Indians?
In fiscal year 2019, Indian nationals received 9,008 category 1 (EB1), 2,908 category 2 (EB2), and 5,083 category 3 (EB3) Green Cards. EB1-3 are different categories of employment-based Green Cards.
What is the legislation?
Legislation has been moved by Senator Dick Durbin aiming at protecting immigrant workers and their children stuck in the green card backlog.
"Green cards are critical in the lives of so many who are here on temporary work visas. The backlog puts families at risk of losing their immigration status as they wait a year after year to finally make it through this green card backlog," Durbin said.
What is the legislation aiming at?
The Lee-Durbin agreement would make three changes to the Fairness for High-Skilled Immigrants Act. First, it would immediately protect immigrants and their families who are stuck in the backlog by allowing them to "early file" for Green Cards. The legislation if cleared will permit workers to change jobs besides travelling without losing immigration status. Most importantly, it will prevent the children of immigrant workers from "aging out" of Green-Card eligibility so they will not face deportation while they are waiting for a Green Card. "Imagine if you brought your children to the United States, worked on an H-1B visa and your children are waiting for you for the Green Card, you are paying for them to go to college because they don't qualify as American Citizens for any type of federal financial aid. You're making great sacrifices for them and then the day comes when they reach the age of 21 and they can be deported and your family divided," Durbin said.
How will it impact the H-1B visa?
The amendment would crack down on abuse of H-1B temporary worker visas by outsourcing companies by prohibiting a company from hiring additional H-1B workers if the company's workforce is more than 50 employees and more than 50 per cent temporary workers.
It is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise. Companies depend on it to hire tens of thousands of employees each year from countries like India and China.