NRIs Pin Hopes on US Elections for Quicker Green Cards

Hyderabad: More than 12 lakh Indians, working in the United States, have pinned hopes on the outcome of the US Presidential elections to end their almost unending wait list to secure employment-based green cards.

Over 1.5 lakh Indians are waiting to get green cards — permanent residence visa — under EB-1, where EB refers to the extraordinary ability of the applicant, while wait time for EB-2 and EB-3 extends to over two decades. Many Indians, who have an academic background in STEM (science, technology, engineering and medicine), are considering the EB-1A option, a subset of EB-1.

The per-country cap is creating long backlogs for individuals from countries with high demand, especially India, where the wait for employment-based green cards extends decades.

Vice-President Kamala Harris, as a senator, co-sponsored the Fairness for High-Skilled Immigrants Act, which sought to eliminate the per-country caps on employment-based green cards. This legislation was welcomed by many in the Indian community, as it would significantly reduce green card wait times for those affected by backlogs. However, during his term, former President Donald Trump did not advance legislation to remove the per-country cap.

Many viewed his administration’s stance as generally restrictive on legal immigration, though some had hoped that Trump’s focus on merit-based immigration could indirectly address backlogs by reforming green card distribution.

While Harris — the Presidential candidate from Democrats — remains supportive, any change requires broader Congressional support. Though the Joe Biden administration has shown an interest in immigration reform, progress has been slow due to competing priorities and a divided Congress.

Dheeraj Kulkarni, who works for LogicMate, an AI company in New York, says that they are hopeful that if comprehensive immigration reform moves forward, it will include adjustments to the green card caps. However, he is apprehensive that the outcome remains uncertain, and many Indians continue to press lawmakers to prioritise backlog relief.

As the United States votes to elect its new President, the per-country cap on green cards has been a key point of debate.

Kamala Harris argued that these caps place individuals from high-demand countries, like India and China, at disadvantage. Her position generally aligns with a push for more inclusive immigration reforms that facilitate skilled workers’ ability to stay in the US.

Trump's focus was often on limiting immigration as a whole, rather than changing the per-country cap. However, in the current election debate, Trump advocated a merit-based system that could prioritise skills over country of origin.

Arun Reddy from Telangana People’s Association of Dallas (TPAD) said that a legislation was proposed under the Biden administration, which proposed to eliminate the per-country cap, and allow for a first-come, first-served system, potentially shortening wait times for Indians in the backlog. However, this change is still under debate.

The American Telugu Association (ATA) and the Telugu Association of North America (TANA), along with other Indian American Organisations, have been advocating for the removal of per-country caps on employment based green cards.

These groups have supported legislative efforts like the Fairness for High-Skilled Immigrants Act and the EAGLE Act (Equal Access to Green Cards for Legal Employment) which seek to phase out per-country limits. Although these bills have seen varying degrees of support in Congress, they have not yet become law.

POINTERS

Democratic Presidential candidate Kamala Harris supports the removal of per-country caps to streamline green card wait times for high-skilled immigrants, advocating for more flexibility and inclusion in immigration.

Republican Presidential candidate Donald Trump focuses on reducing immigration numbers and enforcing strict immigration controls, with less emphasis on modifying green card caps.

Differing approaches reflect broader views on immigration, with Harris generally favoring reforms that would ease restrictions for skilled immigrants, and Trump favouring a more restrictive and merit-based approach.