Understanding Employment-Based Green Cards and Family Members’ Share
The landscape of U.S. immigration is complex and constantly evolving. A recent report by the Cato Institute highlighted a surprising statistic: in 2022, family members made up a significant majority—55%—of the recipients of employment-based (EB) green cards. This leaves only 45% for the actual skilled workers the program is designed to attract. Despite an annual cap of 140,000 EB green cards set by Congress, the number issued in 2022 soared to 270,284, primarily by utilizing unused green cards from other categories. With projections indicating a shift of nearly 60,000 more green cards from family-based to employment-based categories in 2023, it’s essential to understand what this means for skilled workers and their families.
Contrasting U.S. Immigration with Global Norms
Around the world, family and employment-based immigrants usually follow distinct paths. However, the U.S. veers from global norms, with family members obtaining EB green cards from the same limited pool as skilled workers. This unique situation prompts questions about the allocation of valuable immigration resources and whether it serves the nation’s economic interests effectively.
Proposals for Optimizing EB Green Card Allocation
The Cato Institute’s report puts forth several suggestions to better serve the program’s intent. One proposal is to exempt family members from the EB green card cap or create a separate category for them. This would directly increase the number of green cards available for skilled workers.
Another innovative idea is to exempt those switching their visa status from the EB green card cap. In 2022, a notable 82% of EB green card recipients were individuals already in the U.S. on different visas. Removing these status adjustments from the cap calculations could potentially quadruple the number of highly skilled international workers coming to the U.S.
Potential Exemptions to Increase Skilled Workers’ Immigration
The report also discusses various exemption options that could effectively raise the number of EB green cards for skilled workers without altering the overall cap:
- Educational Advancements: Skilled workers holding advanced degrees like PhDs should be exempt from the cap.
- Select Fields of Expertise: Those with graduate degrees in critical areas like STEM or medicine could be considered for exemptions.
- U.S. University Graduates: Like the H-1B visa’s exemption for certain graduates, a similar approach could be applied to those earning degrees from U.S. institutions.
- Top Earners: Workers with wage offers in the upper echelon of their industries should be considered for cap exemption, recognizing their high productivity.
- Low Unemployment Occupations: Professions with significantly lower unemployment rates than the national average might warrant exemptions.
- EB-1 and EB-2 Categories: These high-priority categories could be excluded from the cap.
- Long-term U.S. Workers: Those with five or more years of legal U.S. employment should be exempt.
- Prolonged Waiting Periods: Workers who’ve waited for five years and meet eligibility criteria might be exempted.
- Decade-long Residents: Individuals residing legally in the U.S. for ten or more years, including those who started as students, might deserve exemptions.
- Targeted Occupations: Exemptions based on government-identified critical occupation sectors could be beneficial.
- Academia and Research: Similar to the H-1B cap exemption, those in academia or research deserve consideration.
- National Security: Immigrants from specific countries posing national security concerns to the U.S. could be prioritized.
- Canadians and Mexicans: Due to profound connections with the U.S., EB green cards for these nationalities might be exempted.
- Shortage Occupations: Those in shortage occupations, currently nurses and physical therapists, and other specialties declared by the Department of Labor, could be cap-exempt.
- National Interest Waiver: As with the EB-2 National Interest Waiver, exceptional individuals working on projects of national importance should be considered for exemption.
The Path Forward
Addressing these policy suggestions would require legislative changes and careful consideration to balance family reunification with economic needs. The proposals aim to free up more green card opportunities for skilled workers while addressing the U.S.’s strategic interests.
For comprehensive information on U.S. immigration policies and green card procedures, the U.S. Citizenship and Immigration Services (USCIS) is the authoritative resource. Interested parties should refer to USCIS or consult with immigration professionals to navigate the latest in employment-based immigration.
So, there you have it, folks! The fascinating world of Employment-Based Green Cards and the share they have with family members. It’s a bit of a mixed bag, with family snagging 55% of the cards, leaving only 45% for the skilled workers. But fear not, because the Cato Institute has some brilliant proposals to optimize the allocation and give the workers the love they deserve. If you’re hungry for more immigration tech talk, head over to visaverge.com and delve deeper into this captivating topic! Cheers!
Pocket Piece:
Understanding employment-based green cards is crucial for skilled workers and their families. Family members accounted for 55% of recipients in 2022, leaving only 45% for skilled workers. The Cato Institute suggests exempting family members from the cap or creating a separate category to increase opportunities for skilled workers. Other proposals include exempting certain groups such as those with advanced degrees or in critical fields. These changes would require legislative action to strike the right balance between family reunification and economic needs. Visit USCIS for more details.
