US: Green Card Backlog Separates Over 1 Lakh Indians From Parents

With an increasing number of H1-B visa-based employees in the US a large number of Indians are in queue to get their Green Cards. The country cap and the current date delays each year are making it nearly impossible for them to obtain the Green Cards in the near future.

In the latest statistics, more than 10.7 lakh Indians are in queue for employment-based Green Cards. The present cap on each country is 7 percent and it is likely to take 135 years to be completed at the current numbers.

While the green card process for employment-based visa holders is being delayed, their children who are on H4 visa status age out when they are 21 and they are not allowed to stay in the US under the H-4 visa system.

By the time the Green Card applications get processed, as many as 1.34 lakh Indian children will age out and they might have to be separated from their parents. These children are referred to as ‘documented dreamers’ and they have two options if they do not have green cards and turn 21.

The first is to get an F-1 or a student visa that allows them to study in the US, but not allowed to work without obtaining EAD (Employment Authorisation Document). The EAD process is lengthy and there is no guarantee that all these children will get an F-1 visa.

The second option is to self-deport to their home country. This is the toughest decision and in most cases, the parents also move with them because these kids who have grown up in the US need parents with them in most cases due to obvious reasons.

There were a number of bills and proposals to allow kids in the US who turn 21 to work and study in the US, but they are years long and have not been passed yet. President Joe Biden also promised to change the 7 percent country cap for Green Cards and it has to be seen when it happens.