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Failed US border deal could pave the way for future immigration reforms that will help Indians | India News
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NEW DELHI: The recent bipartisan border and national security Bill, which was blocked by Republicans in the US Senate from advancing earlier this month, had several provisions that would have benefitted Indians in the US who are facing huge green card backlogs.
Had it been implemented, some of the provisions of the Bill would have helped Indians on visa categories including K-1 fiancé/e (that permits the foreign-citizen travel to the US and marry his or her US citizen sponsor within 90 days of arrival) and K-3 spouse (for foreign spouses of US citizens to allow them to enter and live in the United States while waiting for their immigrant visa petition to be approved), H-4 spouses and children of H1-B visa holders, those waiting for employment-based green cards, and those sponsored for family-based green cards waiting outside the US who wish to visit the sponsoring family member.
For thousands of Indians waiting in the US on long green card queues, there were a few important benefits in the proposed Bill. “For H-1B visa holders with an approved I-140 petition, a notable change would have benefited their spouses. Traditionally, H-4 visa holding spouses are required to undergo the somewhat cumbersome process of applying for an employment authorisation document (EAD) by filing an I-765 application.
However, under the proposed Bill, this requirement was set to be abolished. Instead, H-4 spouses of those with approved I-140 petitions would be able to work ‘incident to status’,” Emily Neumann, attorney at Houston-based business immigration law firm Reddy & Neumann, told the Times of India. This would have aligned their work authorisation process with that of L-2 and E visa spouses, streamlining the procedure and effectively removing bureaucratic barriers to employment.
“Moreover, the Bill would have extended this provision of employment authorisation to H-4 children, who, under the current regulations, do not possess the right to work. This is a groundbreaking expansion, as it acknowledges the need for comprehensive family support for H-1B visa holders by enabling their dependents to contribute economically during their stay in the US,” Neumann added.
One of the most impactful provisions for Indian families that was included in the Bill related to the children of H-1B holders. Under the current framework, these children risk aging out of their H-4 status upon reaching 21 years of age, which can disrupt their residency and employment eligibility in the US. “The proposed Bill introduced a remedy by allowing these children, who have maintained H-4 status for at least eight years before turning 21, to apply for a green card alongside their parents, irrespective of their age.
Further, they would have been entitled to retain their H-4 status beyond the age of 21 and gain work authorisation. This provision offered a significant relief to families, ensuring that children who have spent a considerable portion of their lives in the US can remain with their families, continue their education, and enter the workforce,” Neumann said.
While the Bill, which has been referred to as the border security deal, collapsed mainly due to serious opposition in the US House of Representatives, not enough votes in the Senate, and opposition from former President Donald Trump; it did address several issues that are important for thousands of legal Indian immigrants in the US.
“Although the Bill failed, the fact that these beneficial provisions were included and there were no harmful provisions included for legal immigration, suggests a growing awareness and acknowledgment within legislative circles of the critical role that skilled immigrants play in the US economy and society. This development may pave the way for future legislative efforts aimed at reforming and improving the immigration system in a manner that supports both the country’s economic interests and the aspirations of immigrants seeking to contribute to and benefit from living in the United States,” Neumann said.
Another important aspect of the Bill was the introduction of an additional 18,000 employment-based green cards annually for the next five years. “This increment, while distributed across various categories in proportion to the current allocation of 140,000 green cards, remained subject to the 7% per country cap. Although this caveat may have limited the extent of its benefit to Indian nationals due to the high demand and backlog for Indians, it nonetheless represented a step forward in addressing the green card backlog,” Neumann said.
Had it been implemented, some of the provisions of the Bill would have helped Indians on visa categories including K-1 fiancé/e (that permits the foreign-citizen travel to the US and marry his or her US citizen sponsor within 90 days of arrival) and K-3 spouse (for foreign spouses of US citizens to allow them to enter and live in the United States while waiting for their immigrant visa petition to be approved), H-4 spouses and children of H1-B visa holders, those waiting for employment-based green cards, and those sponsored for family-based green cards waiting outside the US who wish to visit the sponsoring family member.
For thousands of Indians waiting in the US on long green card queues, there were a few important benefits in the proposed Bill. “For H-1B visa holders with an approved I-140 petition, a notable change would have benefited their spouses. Traditionally, H-4 visa holding spouses are required to undergo the somewhat cumbersome process of applying for an employment authorisation document (EAD) by filing an I-765 application.
However, under the proposed Bill, this requirement was set to be abolished. Instead, H-4 spouses of those with approved I-140 petitions would be able to work ‘incident to status’,” Emily Neumann, attorney at Houston-based business immigration law firm Reddy & Neumann, told the Times of India. This would have aligned their work authorisation process with that of L-2 and E visa spouses, streamlining the procedure and effectively removing bureaucratic barriers to employment.
“Moreover, the Bill would have extended this provision of employment authorisation to H-4 children, who, under the current regulations, do not possess the right to work. This is a groundbreaking expansion, as it acknowledges the need for comprehensive family support for H-1B visa holders by enabling their dependents to contribute economically during their stay in the US,” Neumann added.
One of the most impactful provisions for Indian families that was included in the Bill related to the children of H-1B holders. Under the current framework, these children risk aging out of their H-4 status upon reaching 21 years of age, which can disrupt their residency and employment eligibility in the US. “The proposed Bill introduced a remedy by allowing these children, who have maintained H-4 status for at least eight years before turning 21, to apply for a green card alongside their parents, irrespective of their age.
Further, they would have been entitled to retain their H-4 status beyond the age of 21 and gain work authorisation. This provision offered a significant relief to families, ensuring that children who have spent a considerable portion of their lives in the US can remain with their families, continue their education, and enter the workforce,” Neumann said.
While the Bill, which has been referred to as the border security deal, collapsed mainly due to serious opposition in the US House of Representatives, not enough votes in the Senate, and opposition from former President Donald Trump; it did address several issues that are important for thousands of legal Indian immigrants in the US.
“Although the Bill failed, the fact that these beneficial provisions were included and there were no harmful provisions included for legal immigration, suggests a growing awareness and acknowledgment within legislative circles of the critical role that skilled immigrants play in the US economy and society. This development may pave the way for future legislative efforts aimed at reforming and improving the immigration system in a manner that supports both the country’s economic interests and the aspirations of immigrants seeking to contribute to and benefit from living in the United States,” Neumann said.
Another important aspect of the Bill was the introduction of an additional 18,000 employment-based green cards annually for the next five years. “This increment, while distributed across various categories in proportion to the current allocation of 140,000 green cards, remained subject to the 7% per country cap. Although this caveat may have limited the extent of its benefit to Indian nationals due to the high demand and backlog for Indians, it nonetheless represented a step forward in addressing the green card backlog,” Neumann said.
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