Navigating the Complexities of U.S. Immigration: Options for ‘Documented Dreamers’

America’s identity as the land of freedom is a source of immense pride for its citizens. For centuries, people from around the world have immigrated to the U.S., drawn by the promise of liberty and opportunity. Immigrants and their families, once granted entry, often became U.S. citizens and contributed significantly to the nation’s development.

Currently, millions continue to seek entry into the U.S., with the H1B visa being a popular route for highly skilled professionals. In 2023, the U.S. approved over 441,000 H1B visas, with 320,000 granted to Indian applicants. However, political obstacles now threaten the future of their families, particularly the adult children of H1B visa holders who are at risk of self-deportation upon turning 21. Approximately 250,000 children of legal immigrants face this precarious situation.

A study by the United States Citizenship and Immigration Service (USCIS) revealed that over 1.2 million Indians, including their dependents, are awaiting green cards in the EB-1, EB-2, and EB-3 visa categories.

Historical Context and Current Concerns

America has a long history of embracing immigrants, but immigration issues have recently become a major concern for many Americans. Polls indicate that immigration is the second biggest worry for Americans, with about 17% citing it as their primary concern.

In June, a bipartisan group of 43 lawmakers, including Senators Alex Padella and Deborah Ross, called on the Biden Administration to protect more than 250,000 adult children of legal immigrants, known as ‘Documented Dreamers,’ from self-deportation. Despite the bipartisan backing, many Republicans and Democrats oppose this initiative. Some Republicans have blocked a bipartisan border security bill and oppose any path to U.S. citizenship for immigrants, partly due to concerns over the southern border. Consequently, children of Indian H1B visa holders are caught in this political stalemate, affecting those who have grown up in the U.S., completed their education here, and earned degrees from American institutions.

Proposed Solutions for Documented Dreamers

To address the plight of Documented Dreamers, lawmakers have proposed three key recommendations:

1. Deferred Removal: The first suggestion is to use prosecutorial discretion to defer the removal of individuals. The USCIS has updated its policy to potentially grant deferred action to those with Special Immigrant Juvenile Status petitions who cannot adjust their status due to unavailability of visa numbers.
2. Expanded Employment Authorization: The second recommendation involves broadening eligibility for Employment Authorization to children of visa holders and individuals with approved I-140 petitions.
3. Parole for Aging Out Children: The third suggestion is to grant parole to children of long-term visa holders who are aging out.

While these recommendations are ethically compelling, their implementation remains uncertain. Documented Dreamers may consider the EB-5 program as an alternative path to stay in the U.S.

EB-5 Program: An Alternative for Documented Dreamers

The EB-5 program, established in 1990, offers U.S. permanent residency to immigrant investors who create at least ten jobs for U.S. workers through substantial investments. Initially focused on direct investments in small businesses, it now includes ‘regional centers’ that pool capital from multiple investors to generate jobs.

The minimum investment required is $1.05 million, or $800,000 in rural or high-unemployment areas. The program offers several benefits, such as permanent residency for investors and their families, travel flexibility, and resident tuition rates at U.S. universities. Additionally, the 2022 Reform and Integrity Act introduced concurrent filing, allowing investors to apply for adjustment of status while their EB-5 application is pending. This provision grants advance parole and an unrestricted Employment Authorization Document (EAD), enabling Documented Dreamers to travel and work freely in the U.S.

Steps for Pursuing the EB-5 Program

Documented Dreamers interested in the EB-5 program should consider the following steps:

1. Consult an EB-5 Immigration Attorney: An experienced attorney can assist with preparing source of funds documentation, filing the I-526E petition, and managing concurrent adjustment if applicable.
2. Choose a Reputable Regional Center: Selecting a regional center with a solid project and proven track record is crucial. The attorney will help ensure the center meets all regulatory requirements.

Conclusion

The EB-5 Immigrant Investor Program presents a viable option for adult children of H1B visa holders to secure U.S. permanent residency. As they explore this route, it is essential for them to weigh the benefits and challenges to make well-informed decisions that align with their personal and professional aspirations.