Green Card to Immigrate Into US

Long wait for Green Card for Techies who immigrate from India

Advocacy by Skilled Immigrants in America

An Indo-American tragedy in the USA.

An Indian man and a friend who were out for a relaxing night in Olathe in Kansas on Feb. 22. SrinivasKuchibhotla and friend were drinking at a bar when they were shot at by a person named Adam Purinton in a racially motivated attack. SrinivasKuchibhotla. While his friend survived his injuries, Kuchibhotla was killed in the attack, leaving behind his young widow SunanyaDumala.

The uncertain Immigration status of Dumala

After the devastating loss of her husband, SunanyaDumala had to face the fact that her own immigration status was now uncertain. Like many other spouses of H1B workers, her visa was connected to her husband’s visa and she was not sure if she would be allowed to return to America after attending her husband’s funeral in India in February. Hearing of her immigration plight, Congressman Kevin Yoder managed to get a one-year employment authorization for her to his office. This one-year authorization would give her sufficient time for applying for an employment visa on her own. Yoder who is from the Republican Party, generally holds strict views on immigration and is against DACA and funding to sanctuary cities, but had made an exception in the case of legal immigrants like SunanyaDumala and her husband.

SunanyaDumala’s predicament not new for Indian Immigrants

The struggles that Dumala faced with her immigration status brings to light an issue that is important for the Indian-American community. She had entered US along with her husband, who came on an H1B visa, which is used by companies in the USA to bring in highly skilled workers from abroad. As the H1B is a dual intent visa, many who arrive in the US on an H1B go on to apply for a green card. However, the waiting period for permanent immigration can be painfully long as there are strict limits on the number of employment-based green cards which can be issued to each country. As a result, applicants from countries with high population rates have longer wait times. Currently, a person from India who applies under the EB2 category can expect a wait time of 10 years on an average for his green card application to be processed. Moreover, the uncertainty of USA H1B Visa Immigrants has a large impact on their spouses, who come to the US under the H4 or dependent visa.
Many of the people who come to the US under H4 Visa are highly educated women who were pursuing successful careers in their home country but are not allowed to work in the US. This abrupt change of status has led to depression, loneliness, boredom and also possible abuse. Many women who arrive in the US on an h4 visa find it difficult to cope initially. For tips on how to cope as a dependent spouse, you can check out our earlier blog post on the subject here.

Solution to the problem of delay in Green Card Applications

As for cases like Dumala, Because of the unfair backlogs in Green Card Applications, the widow of SrinivasKuchibhotla was confronted with the prospect of having to return to India because of her H4 status. As expressed by her Congressman, it was possible for her to stay, but a more permanent fix was required. He proposed a bill, HR 392, which according to him would speed up the wait times for green card for workers who are highly skilled in their field. According to Dumala, the bill would be a huge step forward. However, she said that the government needs to address the difficulties faced by families when something happens to the principal applicant. She asked that in such cases the dependents should be given their own independent immigration status. Many other advocates to have added their voices to hers in asking for more immigration reforms. A collective voice that seems to have found a hearing in the political corridors of US as many congressmen are now coming out in favor of granting employment authorization for H4 Spouses

To know more about the status of H4 spouses and how to navigate the tricky immigration policies of USA, get in touch with Global Tree based in Hyderabad, the experts on the subject of Immigration Process.

A lot of opponents to immigration cite the argument of the sovereign state, where every country is expected and allowed to act in the best interests of its own people, i.e. people who are citizens of the country and then maybe to a lesser extent the legal permanent residents.

The Opposition to Immigration

Many advocates of the sovereign state theory, including President Trump, express the views that while Immigration is laudable on moralistic grounds, it should not be at the cost of citizens of the United States. In fact, many argue that the increasing number of Immigrants to America is taxing the country’s social security resources, lowering the average wages by settling to work for less and are taking away the jobs that would have otherwise gone to American Citizens and thus increasing unemployment. The opponents of welcoming policies argue that the USA as a sovereign nation is duty bound to put the interests of its own people above the interests of the immigrant by following a stricter policy. However as many pundits and experts on the issue have pointed out, immigration does less harm and more benefit to the host country

Why Immigrants are important

Global leaders and CEOs have time and again come forward to express their opinion in favor of immigration.  As recently as yesterday we had the Apple CEO, Tim Cook stating that he would encourage immigration as it would help to create more Jobs in USA, contrary to the popular myth. Prominent personalities from the business, political and cultural worlds such as Barack Obama, Bill Gates, Satya Nadella and Aziz Ansari have all spoken out in favor of more immigrants. In a recent analysis published in the Detroit Free Press[i], an American publication, journalist Mike Thompson laid out the argument for welcoming more immigrants.

According to Thompson, the people who are advocating for curbing immigration are not paying attention to the impact that reducing the immigrant population in America can have on the retirees of the country. There is a connection between the number of immigrants and retirement funding, as the benefits of social security that are enjoyed by the retired persons are funded for by the taxes of the working people. An imbalance in the number of employed can cause problems in the retirement funding. As seen from the facts. In 1940, the ratio of employed workers to a retired person was 16 to 1, whereas that number has dropped to 3 employees to 1 retired person. The resulting gap in the funding is made up out of the Social Security trust fund for now which however is expected to be exhausted by 2032 if things remain the same.

One way according to Mike Thompson to correct this imbalance is to bring in more and not fewer immigrants into the country. He cited that immigrants are mostly young people who come into US to work and pay taxes and who contribute significantly to the economy. He speaks of immigration as a revenue stream that the USA in its current state cannot afford to lose. He reiterated that while speaking against immigration is a way to win votes in certain quarters, the economic cost of reducing immigrant population will have a higher impact on the people of US than they expected.
To know more about Immigration to USA, and how you can immigrate to US get in touch with a Global Tree, the most trusted Immigration Consultant in India.

The United States of America has announced on its USCIS website that it is resuming premium processing for H-1B non-immigrant visas for all categories. According to the update provided by USCIS on their website, the resumption would be subject to the existing 2018 caps on H1b visas for both the general category and cap-exempt category.  In addition to this, the USCIS had earlier resumed premium processing for petitions that were filed on behalf of physicians. It is to be noted that the premium processing would be applicable to only existing petitions and not new applications. Also, this service would not be extended to other categories of petitions such as the extension of stay for the present but may be introduced in the future if a requirement is found. In the meanwhile, however, they remain temporarily suspended.

What is an H1b visa?

The H-1B is a non-immigrant visa that permits companies in the USA to employ workers from outside the US in certain occupations that require specialist skills and technical expertise.  The H1b Visa is popular among technology companies who depend on it to hire a huge number of employees every year. Premium processing of H1b visa allows a company that sponsors an H1b visa applicant to obtain a guarantee of 15 days processing time from USCIS on payment of additional premium processing fee. In case USCIS is unable to process the application in 15 days then the USCIS will refund the premium processing fee.

Debate on H1b visa program for Immigration.

The H1b visa has been in the limelight lately for the alleged misuse of the Visa Program by firms who are accused of using it as a means to hiring cheap labor. The program was first introduced with an intention of finding a lasting solution to the problem of a skilled labor shortage in America.  It allows US employers to sponsor a limited number of skilled workers from the outside USA. These positions are presumably vacant as no Citizen of USA is available to fill them. On the one hand, many opponents of the visa program have argued that the H1b Visas being miss-utilized by companies, who are using it as a backdoor to hiring Tech workers and other labor at lower wages from third world countries like India and China.
Many of the opponents are strong advocates of the rights of the American people to protect their jobs. This had led to Anti-Immigration stance among the government as well as a significant portion of the general public and had caused a number of petitions to be filed which would scale back or restrict the H1b Visa Program.

Restrictions on Immigration

In March 2017, President Trump signed a number of executive orders restricting and adding more scrutiny to the H1b Visa Process.
New visa bills were also introduced in the senate, which sought to reduce the rate of acceptance for H1b visas and to place additional restrictions on employees who hire overseas talent through the H1b visa route. The bills which were named as ‘H1b Visa Reform Act of 2017’ and ‘Protection of Americans Jobs Act’ aimed to bring changes to the visa process.

Timing of Announcement to resume premium processing

The announcement comes five months after premium processing was suspended on a temporary basis in order to handle the huge number of applications. The news of the announcement which comes amidst debate on DACA act and the general atmosphere of heated debate on Immigration are expected to herald a more positive shift towards the acceptance of legal immigrants in the country.  Many in the USA now believe that legal immigration is to be encouraged as it provides an economic boost to many interiors towns and counties in the USA which benefit from the Influx of Immigrants.
  

 The benefits of immigration

  The benefits of Immigration though readily visible when concerning the immigrant himself, it is often not clearly visible when it comes to the country that the immigrant enters. Immigration however when pursued in the right manner, can have tremendous benefit to the host country as well. Most Immigrants to USA are highly vetted during the immigration process and are amongst the cream of the talent in their own countries. These immigrants are generally among the high-income earners and make significant contributions to the innovative atmosphere of United States as well as to the economy through their spending. Also many of the Immigrants who come through the visa program come with their families and join their children in the local schools. Many of them make contributions to the school PTA program and fund the schools where their children Study in various ways. All these have led to a softening of the stance on the part of the government, where Immigration to USA by legal means is concerned.
To know more about H1b Visa Program and how you can benefit from it contact Global Tree at Begum Pet – Hyderabad, the Most Trusted Immigration Consultant in India.

The US Immigration law allows for the easy and expedited process of obtaining a green card for certain categories of applicants. The EB 1 Immigrant Visa differs from other visa categories in that it is not meant for ordinary applicants, but high achievers and top management leaders.

EB-1 Visa Category- Employment based visa

The EB-1 Visa category permits managers, Multinational Executives and Managers and people with proven extraordinary ability in the fields of science, art, business, education, and sport to obtain a green card in the USA. This is perhaps the fastest route for Immigration to USA although it can also involve greater scrutiny at the qualifying stage.

Who can qualify for an EB1 Visa?

The following are the different classes of people who are eligible for immigration to USA under the EB 1 Category.

• Certain multinational executives and managers – EB1-C
• Outstanding professors and researchers – EB1 – A
• Those who have extraordinary ability in the sciences, arts, education, business or athletics – EB1 –B

Eligibility Criteria

 EB-1 – A Visa for immigration to USA: Outstanding Achievers
Persons applying under this category must demonstrate extraordinary ability in either, arts, education the sciences, business or sport. This ability must be recognized at the international or national level by a legitimate body. There are 10 different criteria for qualifying under this category and an applicant who is interested in Immigration to USA should meet at least 3 of the 10 criteria. An exception to this rule is if the applicant has won a highly prestigious award such as a Booker Prize, a Nobel Prize or an Olympic medal, then he is allowed to bypass these criteria.  Following are the criteria for qualifying for this category of visa

1. Receiving an internationally or nationally recognized award for outstanding achievement in your field, which can include a prestigious scholarship such as the Fulbright fellowship or Rhodes scholarship

2. Becoming a member of associations that ask for “outstanding achievement” in their members.
3. Articles or any other material published about the applicant in major media which concerns your work in the field. The material can be published in magazines such as Economist or Time magazine or featured in a TV program.
4. Having served as a judge of others in the applicant’s field either individually or on a panel.
5. Original and scholarly, artistic, athletic, scientific or business-related contributions which have major significance in your field made by the applicant.
6. Writing of scholarly articles by the applicant in his or her field in major magazines or trade journals
7. Display of the applicant for Immigration to USA’s work in exhibitions or showcases.
8. Having performed or performing a leading or critical role for organizations that have an international reputation and are considered among the best in their field.
9. Receiving an unusually high salary in their field in relation to others at the same level in the same field.
10. Outstanding commercial success in the performing arts which can be demonstrated through box office receipts, records sales etc.

EB-1 – B Visa for immigration to USA: Outstanding Professors and Researchers

Certain distinguished professors and researchers, who have shown exceptional talent in their fields and have been internationally recognized for their academic achievements in their field of study, may qualify to obtain a green card under this category. The following eligibility criteria must be met to qualify.

1. The applicant who must be a professor or researcher must have demonstrated outstanding achievements in his field of study. The following are the six criteria for determining outstanding achievement.
   1. An international or national level award for excellence in his or her field

1. Being a member of associations and clubs which require a person to have achieved extraordinary success to join

1. Publication of material about work was done by you, which is written by the third person in professional publications.

1. Experience of having worked as a judge of work done by others in your field of study.

1. Making original contributions which are highly recognized in your field

1. Publication of research done by you or articles are written by you in books and academic journals.

2. The applicant should have at least three years of experience in teaching or research in his field of study.
3. He should enter with the intention of being in a tenure or a research position that is comparable at an institution of higher learning.
   1. If the employer of the applicant is a private company and not an educational institution, then the private employer should have employed at least three people in full-time capacity for research activities and should have achieved accomplishments in an academic field that have been well documented

EB1 –C Visa for immigration to USA: Executives and Managers of Multinational Companies

Certain high ranking executives and managers of US based multinational companies may qualify for the fast track visa for Immigration to USA, if they are transferred to the US office. The following conditions have to be met, for the application to qualify under the EB1- C category.

1. The employer who petitions on behalf of the applicant should be a US employer and should have been in business for at least one year as a subsidiary or affiliate of the company that employed the immigrant worker outside USA.
2. The prospective employer is required to provide a valid job offer and petition the USCIS
3. The applicants for immigration to USA through the EB1 – C category should have worked continuously for at least one year out of the preceding 3 years in a managerial level at the company which is an associate/subsidiary of the US based company that is petitioning on his behalf
4. Labor certification is not required for the Eb1- C visa for Immigration to USA

To know more about qualifying for EB-1 Visa for immigration to USA get in touch with Global Tree at Begumpet-Hyderabad, the most trusted immigration consultant in India