Whether under Republican or Democratic administrations, the American government has always had an immigration priority problem. Illegal immigrants are always preferred for policy action over those who stay, study, work and live legally in the US.
The case of one cohort of legal visa holders is heart-breaking. These are children, often brought into America by Indian parents on work visas such as the H-1B or L-1B, who "age out" of their parents' green card line when they turn 21. Such children, considered "dependent" upon their parents, should immediately seek independent legal visas to remain in the US.
Until about 15 years ago, the age-out problem was not a factor in most instances. Green card lines were relatively short. Parents could move to the US even when children were in their teens. Even with 5-year waits, the parents could petition their under-21-age children for green cards, and the entire family would benefit once the US granted permanent residence.
But as the number of skilled workers skyrocketed and the number of new green cards awarded each year remained the same, the issue became a classic supply and demand problem. There were too many skilled worker families chasing too few green cards. The wait times steadily grew, and today, someone who joins the green card line may have to wait 80 years to get their permanent residence visas.
While parents can keep extending their H-1B visas (spouses who don't work and are on H-4 visas are not subject to the age-out rule), children are forced to convert to a student visa if they are still in college or apply to get their own work visa to remain in the US once they turn 21. Worse, the idea that the children have to return to the back of the green card line is insane. Many skilled worker families endure significant levels of anxiety as they play the age-out game.
Bill deadlocked
The US Congress has tried to address the problem through legislative fixes, but, each time, the bills have failed to pass both House and Senate and make it to the President's desk for signature.
Two things frustrate skilled worker families. While the US government is deadlocked, hundreds of children age out each day. More than 200,000 aged-out youth are in peril of being deported to their countries, about which they know very little.
Secondly, H-1B and L-1 families are shocked at the hypocrisy of the US government. The US is known as a country that rewards those who obey the law and penalises those who don't. In the age-out case, Congress has turned a blind eye to skilled worker families and their children who have lived each day by the law, ensuring that their stays are legal, paying taxes, and contributing to the economy. Instead, the government has taken an extraordinarily generous approach to treating illegal immigrants who break the law with kid gloves. Under DACA, a program passed by executive direction from President Obama, 650,000 youth brought into the US illegally are protected from deportation.
Illegal immigration at the southern border is now running amok. In 2021, more than 2 million encounters with undocumented workers occurred, according to the US Border Patrol, averaging 166,000 each month. Nearly everyone is admitted into the country after initial processing. No one ever appears at their scheduled court hearing months later. Many sanctuary cities offer housing, health, and education benefits to these migrants. Illegals are rarely deported.
This week, some senators attempted to relaunch negotiations to bring age-out relief to skilled worker families, among other fixes. But the effort faces an uncertain future. It is a midterm election year. The Republicans are furious with the Biden administration for planning to lift Title-42, a Trump-era public health policy provision that allowed border patrol agents to turn away illegal adults because of the pandemic. The Biden administration is arguing that Covid is now under control, so illegals should not be subject to inhumane pandemic rules.
As the politicians fight this battle in Washington, skilled worker families continue to suffer with no end in sight.
The writer is Managing Director, Rao Advisors LLC, US