White House Panel Proposes New Green Card Process: How This Will Benefit Indians in the US | Details Here

A White House Commission has recommended issuing an employment authorisation card and other necessary travel documents at the preliminary stage of applying for a Green Card, a proposal if approved by the US president would come as a massive relief to thousands of foreign professionals, an overwhelming majority of whom are Indians.

A recommendation on this was approved by the White House Commission for Asian American, Native Hawaiian and Pacific Islander (AANHPI) Affairs on Thursday. A Green Card, known officially as a permanent resident card, is a document issued to immigrants allowing them to work and live permanently in the US.

Here is all you need to know:

1. There are multiple stages in applying for the Green Card, and it starts with employers filing I-140 petitions. The next important step is an adjustment of status called I-485, when you get current employment authorisation card, or EAD, and travel documents advance parole.
2. These allow you to work for any employer till a Green Card application is processed, said Indian-American community leader Ajay Jain Bhutoria, who moved the AANHPI recommendation this week.
3. The waiting period for being issued a Green Card to Indian Americans is running into decades as of now. So, this move will come as a massive relief if it gets the nod.
4. According to the AANHPI recommendation moved by Bhutoria, the Department of Homeland Security’s US Citizenship and Immigration Services (DHS USCIS) should grant EADs and travel documents to individuals with approved I-140 employment-based visa petitions in the EB-1, EB-2, EB-3 categories — those waiting in the visa backlog for five or more years, regardless of whether they have filed applications for adjustment of status.
5. The validity of the EAD and travel documents should hold until the final stage of the Green Card application is processed.

Bhutoria said the implementation of the recommendations will enable freedom of movement between employers without restrictions, benefiting both workers and the economy, facilitate travel by obtaining advance parole, avoid visa appointment backlogs at US embassies and support care for ageing parents in home countries.

This will also address workforce shortages, particularly in critical areas like healthcare and STEM (Science, Technology, Engineering and Mathematics) fields, bridging gaps in rural communities and providing coverage for specialised jobs, he said.

It will offer protection against deportation in times of health crises leading to disability or death of spouse on H-1B, ensuring fair and humane treatment and mitigating wage stagnation, enhancing career opportunities and reducing the burden of temporary status, leading to improved mental health and well-being for immigrants and their families, he added.

Bhutoria further said since only a limited number of Green Cards can be issued every year, there is a backlog of more than 1.8 million applications, which primarily impacts people from AAPI countries including China, Philippines and India among others. He said processing may take five to 20 years and, in some cases, over 50 and based on the current backlog situation, people may not get their green cards in their lifetime.

He said so the worker has to continue working for the same employer often in the same position for years, often facing discrimination and exploitation. He added that often they end up working for positions and compensation much lower than their skills, potential and experience.

Job portability is low and one cannot easily switch from one employer to another employer, and this creates pressure, dissatisfaction and unhappiness on individuals and their families, Bhutoria said.

This in turn leads to mental health issues in AAPI communities, the uncertainty and risk of losing the job and leaving this country is high, often jeopardising children’s school and college education, he said, adding that a worker has to perform under such difficult circumstances.

The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations that require theoretical or technical expertise. Technology companies depend on it to hire tens of thousands each year from countries like India and China.

“The recommendation has the potential to bring about historic changes in the US immigration system, benefiting both the nation and highly skilled foreign-born individuals eager to contribute to the United States,” Bhutoria said during the meeting of the immigration subcommittee.