Even today, millions of people continue to immigrate to the United States. One of the most popular options is the H1B visa, which is granted to highly skilled professionals. In 2023, over 441,000 H1B visas were approved. Of these, 320,000 were for Indians. However, due to political deadlocks, the adult children of those granted H1B visas are at risk of being deported themselves. These children become “out of age” as they turn 21 and lose their status as dependents of H1B visa holders. Today, 250,000 children of legal immigrants are at risk of being deported.
A study by the United States Citizenship and Immigration Service (USCIS) found that over 1.2 million Indians, including their dependents, are waiting for a green card under visa categories EB-1, EB-2 and EB-3.
How we got here
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America has a glorious, centuries-long tradition of welcoming immigrants. However, in recent times, immigration has become a pressing issue in America. According to some polls, it is the second biggest concern of Americans, and about 17% of Americans said it was their biggest concern.
In June, a bipartisan group – including both Democrats and Republicans – of 43 lawmakers called on the Biden administration to take action to protect the more than 250,000 adult children of legal immigrants – also known as “Documented Dreamers” – from self-deportation. The campaign was led by Senator Alex Padella, chairman of the Senate Judiciary Committee’s Subcommittee on Immigration, Citizenship, and Border Security, and Deborah Ross. Although Alex Padella and Deborah Ross are Democrats, the Campaign to Protect Documented Dreamers enjoys bipartisan support.
However, many Republicans and Democrats are opposed to helping them. Republicans have twice rejected a bipartisan border security bill introduced earlier this year. Many Republicans believe that “under no circumstances should a single immigrant become a U.S. citizen.” While this view is largely based on concerns about the porous border in the American South, it also affects children of Indian parents who came to the U.S. on H1B visas. Some Republicans have said that Congress is unlikely to take up the Dreamers’ cause anytime soon.
For many children of Indian immigrants, this political deadlock is an obstacle to living in the country they love and call home. They grew up in the United States as legal immigrants, received their education in the American school system and earned degrees from American colleges and universities.
Lawmakers made three recommendations to support Documented Dreamers. Recommendations to support documented dreamers
The first recommendation is to defer an individual’s deportation on discretionary grounds. USICS updated its policy manual to clarify that it would consider a deferral for individuals with a Special Status for Immigrant Youth petition who cannot adjust their status because they do not have a visa number.
The second recommendation is to expand work authorization eligibility to children who are dependents of visa holders and to those with approved I-140 petitions. The third recommendation is to grant parole to children of long-term visa holders who are over the minimum age.
While there are strong moral arguments for these recommendations, it remains uncertain whether they will be implemented. However, Documented Dreamers can continue to live and work in America by investing in the EB-5 program.
Documented dreamers may consider investing in the EB-5 program
Established in 1990, the EB-5 program offers permanent residency in the United States to immigrant investors who create at least 10 jobs for U.S. workers through significant investments. Originally focused on direct investment in small businesses, it now includes “regional centers” that pool capital from multiple investors to create jobs on a larger scale.
Today, the minimum investment is $1.05 million, or $800,000 in rural areas or areas with high unemployment. The program offers several benefits, including permanent residency for investors and their families, travel flexibility, and tuition reimbursement for residents at U.S. universities. There’s another good reason for Documented Dreamers to upgrade to an EB-5. The Reform and Integrity Act of 2022 introduced concurrent filing, which allows immigrant investors to apply for adjustment of status while their EB-5 application is pending. This provision allows for early release and an unrestricted employment authorization document (EAD). Concurrent filing allows Documented Dreamers to travel within and outside the U.S. and work anywhere in the country without employer sponsorship.
Steps to start the EB-5 process
Potential EB-5 investors should take the following steps:
- Find an EB-5 immigration lawyer: An experienced attorney will help investors prepare their source of funds disclosures, file a Form I-526E application, and manage their concurrent adjustment, if necessary.
- Choose a renowned regional center: Choose a regional center with a strong project and proven track record. The lawyer will ensure that the center meets all regulatory requirements.
Diploma
The EB-5 Immigrant and Investor Program provides adult children of H1B visa holders a viable path to permanent residency in the United States. As they consider their options, it is important to carefully weigh the benefits and challenges of each path to make informed decisions that best suit their personal and professional goals.
