New Delhi: Over one lakh Indian children in the United States are at risk of being separated from their parents due to delays in the green card process. More than 10.7 lakh Indians are in line for employment-based green cards, which offer legal permanent residence in the United States.
The Green Card backlog is a major issue for Indians due to the limited number of green cards available each year. The current cap is set at 7% of the total number of green cards issued, which translates to only about 65,000 green cards being available annually for Indians. The process is likely to take more than 135 years to complete based on current numbers. Under the H-4 visa system, people up to the age of 21 are allowed to live in the US.
According to a recent study by David J. Bier, associate director of immigration studies at the Cato Institute, approximately 1.34 lakh Indian children under the H-4 visa category will have grown up by the time their parents’ green card applications are processed. This could result in the unfortunate separation of these children from their parents. The Cato Institute is a libertarian think tank located in Washington D.C. Despite accounting for factors such as death and aging, the waiting period is still as long as 54 years.
“The 1.1 million cases from Indians in the backlog bear most of the burden of the broken system. New applicants from India will face a lifetime wait, and more than 400,000 will die before they receive a Green Card,” David J. Bier said.
The ‘Aging Out’ Crisis
Under the H-4 visa provisions, children move to the US from other countries to stay there under H-4 visa. It is a nonimmigrant visa for the spouses and children of H-1B visa holders. For those who may not be familiar, with H-1B visas are temporary work visas for highly skilled workers.
However, when the children turn 21, they are not allowed to stay in the US under the H-4 visa category and are also known as “documented dreamers”. They have left with two options, firstly, they can opt for an F-1 or student visa, which allows them to study in the US but doesn’t grant them work authorization without obtaining an Employment Authorization Document (EAD). Acquiring this document is a lengthy and costly process, with no guarantee of approval. Second, they can return to their home country and await their parents’ Green Card approval, a process that is both lengthy and uncertain.
The Biden administration has proposed a new rule that would permit H-4 visa holders to apply for work authorization once they turn 21. While this rule has not been finalized, it represents a significant advancement for H-4 visa holders. Additionally, the Joe Biden government has taken measures to address the Green Card backlog. In March 2023, it announced plans to increase the annual Green Card allocation by 300,000. The administration is also actively working on a system to prioritize Green Cards for family members of US citizens and permanent residents.