According to Pew Research Center’s 2021 estimates, Indians account for the third-largest group of undocumented immigrants in the US.
The new policy will help Indian immigrants married to US citizens and have lived in the country for 10 years. It will alleviate the deportation concerns in those Indian-American households
Why immigrant families in the US will be happy to hear this. The Joe Biden administration has announced an immigration policy that will offer legal status and streamline the path to residency and citizenship to half a million unauthorised immigrants who are married to American citizens.
The new policy will also allow young immigrants to apply for work permits and deportation protections if they have lived in the US for at least 10 years and meet other requirements. Though undocumented spouses will still need to file necessary paperwork and pass a criminal background check.
What Does the New Policy Entail?
Applicants must have been legally married to their American citizen spouse by June 17.
As per the current federal law, the immigrants who entered the US illegally are required to leave the country and then re-enter legally to apply for a green card. With the new Biden policy, eligible immigrants could potentially obtain a green card without needing to leave the US.
After obtaining a green card, the immigrant can apply for the citizenship after living in the US for a certain amount of time.
Earlier, if a non-citizen marries a US citizen, then he or she might have had to leave the country to apply for a green card. But now, after marrying a US citizen for 10 years or more and not having broken any law, a person will be eligible to stay in the US while his or her green card application is being reviewed.
According to the Department of Homeland Security (DHS), 500,000 non-citizen spouses of US citizens, who have lived in the country for over 23 years, may be eligible under the new plan.
The change could help companies find and hire qualified workers quickly. The new policy aims to make the legal immigration process smoother and more efficient for both employers and workers.
How will It Benefit Indian-Americans?
The new policy will help Indian immigrants married to US citizens and have lived in the country for 10 years. It will alleviate the deportation concerns in those Indian-American households.
This means undocumented spouses gain the ability to work legally and contribute actively to their families’ incomes and improve the financial situation.
The policy change could extend benefits to H4 dependent children, potentially granting them Employment Authorization Documents (EADs). This would allow these children to pursue summer jobs and save for college expenses, significantly expanding their opportunities compared to current restrictions.
According to Pew Research Center’s 2021 estimates, Indians account for the third-largest group of undocumented immigrants in the US.
Setback for H-1B Visa Holders
The new policy prioritises expediting employment-based non-immigrant visas, which are temporary work visas. This doesn’t directly address the concerns of Indian-Americans on H-1B visas who might want a permanent residency.
While expediting work visas for Deferred Action for Childhood Arrivals (DACA) recipients and some undocumented immigrants might be positive, it could also create more competition for the limited number of H-1B visas available each year. This could make it harder for some Indian IT professionals to obtain H-1B visas.
There is a 7% on green card allotment per year based on the birth country of the immigrant and not their nationality. The new policy does not address the concerns of green card applicants nor did it bring any reform to the process.
Many of the high-skilled foreign workers in the US are H1-B visa holders, which allows them to live and work in the country for a maximum of six years. During this period, they have to find an employer who will file an employment-based green card application on their behalf.