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Opinion

Outdated green card laws hurt workers from India

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The U.S. immigration system disproportionately impacts individuals from India who’re contributing to the U.S. financial system. Annually, the USA points 140,000 green cards based mostly on employment. Nevertheless, these inexperienced playing cards, which permit somebody to dwell and work completely within the U.S., aren’t allotted on a first-come, first-served foundation. Because of antiquated guidelines, inexperienced playing cards are capped; individuals from no single nation can obtain greater than 7% of the annual employment-based inexperienced card allotment.

India has the largest population on the planet. That, plus the deal with science, expertise, engineering and math schooling in India, has led to a disproportionate variety of individuals from India (versus individuals from different nations) residing in the USA. Individuals from India now signify the second-largest inhabitants of foreign-born individuals in Washington.

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Many individuals from India work on H-1B non permanent visas, however that visa doesn’t present a direct path to everlasting residency. (The EB-2 and EB-3 employment-based inexperienced card classes present a path to everlasting residency.)  

The Cato Institute estimates that 1.1 million Indians are within the inexperienced card backlog within the employment classes. Whereas individuals from different nations like Canada can obtain employment-based inexperienced playing cards comparatively shortly, some Indians beginning the inexperienced card course of now could face a wait of over 130 years.

The implications are dire for individuals from India who’ve spent a good portion of their lives right here and whose youngsters could have grown up right here, for a number of causes:

First, the Cato Institute estimates that greater than 400,000 people from India who’ve helped our financial system develop and have lived most of their lives in the USA will die earlier than they get everlasting residency.

Second, over 100,000 youngsters of Indians will turn into undocumented if they continue to be in the USA after they flip 21 as a result of they will not get a inexperienced card via their mother and father. To keep away from turning into a “documented dreamer,” these youngsters who’ve been raised in the USA need to return to India whereas their mother and father stay right here to maintain their place within the inexperienced card line.  This unfairly separates households.

Third, many Indian workers at U.S. firms are trapped in jobs that won’t pay effectively or deal with them pretty. An employer sometimes sponsors an worker for a inexperienced card. If the employee switches employers, they need to begin the inexperienced card course of yet again, which places them behind the lengthy queue. That is problematic for workers ready for a inexperienced card, because it restrains their freedom of employment and motion. For anybody else, this might be a violation of human rights, however for employees from India, it’s seen as enterprise as normal.

The concept that we must always place inexperienced card limits on a per-country foundation somewhat than deal with everybody equally dates again to 1924, when eugenics had forex and the imaginative and prescient of America as a Caucasian nation prevailed. This prevented many nonwhite individuals from coming into the USA. This modified in 1965, when Congress ended an immigration admissions coverage based mostly on race and ethnicity. Nevertheless, per-country limits remained for employment-based inexperienced playing cards. Most immigration students acknowledge the racism in such quotas.

Employers have lobbied to alter the per-country limits, because it harms them when they aren’t in a position to carry expert employees into the USA when there’s a home scarcity. It deters extremely expert individuals from India from looking for entrance into the USA, given the lengthy backlog they face. Probably the most devastating impression is on the Indian workers themselves and their youngsters.

In 2020, Congress got here near fixing this drawback. The Home and Senate every handed a bill to take away the per-country limits, however the chambers had been unable to resolve the difference between their two versions. There was additionally a push to extend the annual variety of employment-based inexperienced playing cards from 140,000 to 270,000.

Immediately, immigration is extra controversial than ever. Some Republicans oppose any enhance in immigration. Some Democrats fear that would-be workers from Africa must wait for much longer if Congress eradicated country-based caps. Nevertheless, no nation in Africa at present meets its annual quota for employment-based inexperienced playing cards.

Sadly, this subject seems to be stalled together with a much wider and wanted immigration reform on this nation. Within the meantime, immigrants from India and their employers pay the worth of our damaged immigration system.


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