In 1985, shortly after getting married, Gurpreet Gill came to the United States to live with her husband, a U.S. citizen, and his family. After she obtained citizenship, she brought her mother, who in turn sponsored green cards for her three sons, Gill’s brothers. Unable to survive on one salary, Gill had to work nightshifts to supplement her husband’s income, and she left her infant children to the care of her mother.
Reetha Krishnan came to the United States 12 years ago. After her Masters and MBA, she landed a steady job in the information technology department of an academic medical centre. Krishnan has been in the queue to receive a green card since 2010. While Gill believes it’s important for family members to stay together and support one another, Krishnan is in favor of an immigration system based on merit.
The debate over immigration priorities, having a higher allotment quota for the employment-based category versus the existing process that allows U.S. citizens and green card holders to sponsor a number of family members, has divided the Indian community in the United States. This issue has become particularly timely and controversial with President Trump calling for an end to “chain migration,” as a part of an immigration reform.
In response to a failed bombing that took place in New York in November 2017, President Trump tweeted, “CHAIN MIGRATION must end now! Some people come in, and they bring their whole family with them, who can be truly evil. NOT ACCEPTABLE!”
The reform aims at admitting people on the basis of merit, and limits family-sponsored immigration to spouses and minor children. In January alone, President Trump highlighted the need to overhaul the current immigration system at two separate events: the World Economic Forum in Davos, and at the State of the Union address in Washington DC.
As per Pew Research Center, the 2.4 million Indians in the U.S. are the third largest immigrant group in the country. Any change in immigration policies is likely to affect a section of the community. In 2015, nearly half of Indians who obtained green cards, was through the employment based category, and the remainder fell under the category of family-sponsored green cards and immediate relatives of U.S. citizens, a study by Migration Policy Institute reveals.
Indians are top applicants of both immigration categories. Between 1996 and 2000, India ranked second (behind China) in the “Chain Migration Multiplier by Top Sending Countries” list put forth by Carr & Tienda. On the employment side, in 2016 Indians were the largest recipients of the H1B visas (a temporary visa program that allows companies in the U.S. to hire foreign nationals) getting 74% of the total allotment. People on these visas often seek permanent residency in the country.
Gurpreet Gill, 58, is a resident of Fanwood, New Jersey. Petitioning for one another, her late husband’s family of three sisters and two brothers along with their spouses, settled in the United States. Gill’s brothers have jobs as truck drivers and delivery men because she says “they are not too educated.”
Gill worked in a law book printing center, as a nursing assistant, and also worked for several years at a pharmacy before retiring. “You can’t trust anyone here and that’s why you need your own people to take care of the kids. You also want a good life for your parents, they get aid when they come here,” Gill said. Gill believes immigration priority should be given to family members because the people who come via employment-preference, take away the jobs meant for people like her children, who are U.S. citizens.
Reetha Krishnan, 34, is a single working woman in Weshchester, New York. She has been stuck in what she calls a green card “limbo”, and Krishnan wonders why she is paying a price for being in the United States legally, for paying her taxes and for contributing to her social security.
She says that most people who come here via chain migration are not educated, they don’t speak English and they do odd cash jobs like baby-sitting. She thinks they should apply, but via what she calls, “the regular way.”
“Immigration should be based on what you know, not who you know,” Krishnan said.
Krishnan says this uncertainty surrounding H1B visas, the green card back log and changing immigration policies is very unnerving. She has not been able to buy an apartment because she is worried the huge investment will be a waste if there is a change in policy. Going back to India would mean starting from scratch for Krishnan, forcing her to give up on her dream of becoming an entrepreneur in the United States.
(Representative image)
In the United States, every year a fixed number of green cards (a status that allows you to live and work in the U.S. permanently), are issued to people under various categories. Green card holders can petition for their spouse and unmarried children of any age to immigrate to the United States as permanent residents. U.S. citizens can additionally petition for married sons and daughters 21 and older, parents and siblings if the petitioner is 21 years or older, and fiancés who live outside the U.S. and their children who are under 21 years of age.
In 2016, a total of 1,183,505 green cards were issued. Approximately 68% of green cards were handed out on the basis of family-sponsored preferences and immediate relatives of U.S. citizens, whereas roughly only 11% of the total green cards were given to those applying under the employment category, as per data available in the 2016 Yearbook of Immigration Statistics by the Department of Homeland Security.
An owner of two retail stores in U.S., Anil Punjabi, 56, migrated to the U.S. in 1986. As U.S. citizens, Punjabi’s wife who runs the business with him, petitioned for her brother, his spouse and two daughters to be brought to the U.S., and at the same time Punjabi petitioned for his brother along with his spouse and children. It took 12 years for their green cards to be approved. Punjabi says the families didn’t want to move to the U.S. at that time, but they petitioned, “just in case they decide to move in the future.”
He believes that families shouldn’t be denied the right to live together, and says there can be “a happy median” between a family-sponsored priority, and a merit-based priority. “There is no need for any extreme.”
“How would they feel if they came here on merit, and were told that their siblings would have to wait, and come on their own merit? Everyone has family back home,” Punjabi added.
Gurdev Sing Kang, NYC Commissioner of Human Rights came to the United States in 1980, and has since sponsored green cards of 40 members of his family. He says they own several businesses like gas stations, convenience stores and real estate companies, and are creating jobs for others. Kang calls it a matter of family unification. “No-one wants to break up their families.”
Under the current system of obtaining green cards, there is an added layer of complexity that affects the Indian community. There is seven percent country limit, which is the maximum number of family-sponsored and employment-based preference visas that can be issued to citizens of any country in a fiscal year. The number of Indians anxious to immigrate to the U.S., far exceeds the allotment allowance.
The U.S. State Government’s annual report, reveals India stands third in the “Immigrant Waiting List 2017,” behind Mexico and the Philippines. 316,429 Indians are in the line - 282,207 in the family sponsored category, and 34,222 in the employment category. (As per November 1, 2017)
Harshit Chatur, 38, a business developer for a leading power company in Texas, also serves as the Vice President of Media Relations for Skilled Immigrants in America (SIIA), an advocacy and support group for individuals stuck in the employment-based green card backlog. He put in his papers for a green card in 2012, and has been stuck in the queue ever since. According to the group’s estimate, it could take as long as 70 years for an applicant to receive his/her green card under the employment category.
“We are fighting that there should be no cap for employment based immigration and there should be a one time relief to clear the entire back log,” Chatur said.
Julia Gelatt, a senior policy analyst at Migration Policy Institute points out that Indians would be at an advantage with a merit-based system, and they will “dominate the system,” when it comes to the point-based system proposed by acts like ‘The RAISE ACT’ and ‘Securing America’s Future Act,’ as they have large numbers of H1B visas and the second highest population of students in the United States. The other aspect of the act that the Indian community would benefit from, is that it does away with the per country caps. Gelatt says, “With the introduction of acts to eliminate chain migration, the country is moving away from its reliance on family-based immigration which has a long history here.”
(The author is a student at Columbia Journalism School. And the article is an abridged version of her Master’s thesis: DEBATE OVER IMMIGRATION PRIORITIES)
