Securing a green card can feel overwhelming for people in Silicon Valley who were born in India and China. But with the right help and guidance from a skilled immigration attorney, the process can be simpler, smoother and more successful.
Limits written into existing immigration laws on both the number of green cards issued each year, as well as the number of green cards available based on country of origin, leave some waiting half a century or more for a green card, with people from India and China facing the longest wait times for employment-based green cards.
In this fiscal year, which ended on October 31, 226,000 family-sponsored green cards and 141,918 employment-based green cards were available. And the per-country cap, which is the maximum number of green cards available to individuals born in a particular country, was 25,754.
Although these U.S. laws pose an extra challenge for people born in countries with the highest demand for green cards, if you were born in India or China, there are some things you can do to mitigate this wait.
Differentiate yourself
The EB-1 green card is considered the “first preference” for those who’ll receive offers for employment-based green cards. It offers three unique and accelerated sub-paths:
- EB-1A green card for individuals of extraordinary ability
- EB-1B green card for outstanding researchers and professors
- EB-1C green card for multinational managers and executives
The EB-1A green card for extraordinary ability does not require an employer sponsor or even a job offer, which means it’s one of the few self-petition green cards. To demonstrate eligibility, you must be able to show you have extraordinary ability in the sciences, arts, education, business, or athletics and that you and your work have received national or international acclaim.
Individuals who apply for the EB-1A do not need to obtain labor certification (as required of employers). That means the process is simpler and can be much faster than typical employment-based green cards. Also, an individual applicant may have more flexibility to change jobs than if an employer applied on their behalf.
The EB-1B green card for outstanding researchers and professors requires an employer to sponsor you. Candidates for the EB-1B green card must demonstrate great achievements in their academic field.
And finally, the EB-1C green card for multinational managers and executives enables an employer to bring an executive or manager who has been working abroad over to the U.S. to live and work. The EB-1C candidate must have worked outside the U.S. for the employer for at least one year.
This Cato Institute analysis estimates individuals born in China and India face waiting eight and nine years, respectively, for an EB-1 green card. Despite the small and growing backlog for EB-1 green cards for individuals born in China and India, it still remains one of the quicker options.
Invest in a project that creates jobs
Another quicker-than-usual path to a green card for Indians is through investing in job creation.
The EB-5 investor green card offers an easy and relatively cheap way to a green card (at least for a few months). This green card enables an individual to eventually get a green card to live and work in the U.S. if they invest money in a company or a project that creates at least ten full-time jobs for U.S. workers.
Chinese-born individuals do face a multi-year wait in this category. Although individuals from India will still have to wait for EB-5 green cards according to the Visa Bulletin, this path has a shorter wait than several other green card options currently.
The EB-5 program offers two investment options. The first requires investors to manage the company they fund actively. The other, called the Regional Center program, allows investors to assume a passive role by investing in a USCIS-approved business or project. The minimum investment required is currently $500,000 for projects or businesses in high-unemployment or rural areas. However, starting on Nov. 21, 2019, the minimum investment will increase to $900,000.
Marry a citizen or permanent resident in good faith
A marriage-based green card allows the spouse of a U.S. citizen or green card holder to live and work in the United States.
Spouses of U.S. citizens are called “immediate relatives” and are therefore exempt from visa or per-country quotas for green cards, removing the need to wait for availability. When you receive your green card depends on how quickly USCIS processes your petition. Currently, U.S. Citizenship and Immigration Services is typically taking 10 to 18 months (depending on the workload of the USCIS office where your petition gets processed). As only granting green cards for good-faith marriages is a concern for USCIS, you will be granted two-year conditional permanent residence if your marriage is less than two years old at the time your green card is approved. At the end of the period you will be required to file a separate application to remove these conditions.
Alternatively, spouses of green card holders are eligible for an F-2A green card. This green card is subject to the country of origin’s visa and per-country quota, and therefore an additional wait when compared to marrying a citizen. Until recently, there had been a multi-year wait for this category, but in 2019 that has mostly cleared up.
For both paths, you and your spouse must demonstrate the bona fides of your marriage, such as your intent to share a life together, shared home and finances, familiarity with each other’s families and friends, and your mutual feelings of love.
If USCIS officers suspect a couple married solely to obtain a green card for a spouse, they may deny the green card and place the beneficiary into removal proceedings, or simply put the case on hold for many years to investigate thoroughly.
Eventually, each spouse could be called in separately to be interviewed and tested. It’s important to have an attorney at your side to look for any red flags and guide you through the process.
Your dreams are worth pursuing
While there is no truly simple or quick way to become a U.S. resident or citizen, the above options (if available for you) can speed up the process. But most importantly, remember that difficulty does not need to be a deterrent.
While many people have the good fortune to be born a citizen, their ancestors did not. America thrives on the contributions of individuals brave enough to face the challenges inherent in building a life in a new country.
And, there is help available. Working with an immigration attorney can help you understand your options and navigate the process. Whichever path you take, remember that the world needs what you have to contribute.