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Greg Siskind on Immigration Law and Policy

Indian and Chinese EB-3 Applicants Face a 70 Year Wait for Green Cards

Rating: 2 votes, 5.00 average.

The fact that waits are getting longer for EB-3s for Indians is not exactly news anymore. But the 70 year estimate calculated by the National Foundation for American Policy is absolutely shocking. The 7% per country quotas for Indian and Chinese EB-3 applicants are the reason for the super long waits. According to NFAP:



The majority of employer-sponsored immigrants tend to be from India and China, but the wait times are longest for such foreign nationals because of the per country limit, which restricts the number of green cards awarded to any one country to 7 percent of a preference category. By establishing that fewer than 3,000 Indians are permitted green cards annually in the employment-based third preference (EB-3) and estimating a backlog of 210,000 among Indian professionals in the category, the report is able to conclude an Indian sponsored today could wait 70 years for a green card. The report concludes that even if the backlog of Indians in EB-3 were half as large, the wait time would still exceed 30 years for Indians sponsored today in the category.
A Chinese immigrant sponsored today in the EB-3 category could wait two decades. Immigrants from other countries would likely wait 5 years or more. In the EB-2 (second preference) category the wait times are 6 to 8 years for a newly sponsored Indian or Chinese immigrant, but there is no wait for those from other countries.
 
"It is not in our interests to have the most important characteristic of an immigrant to America be the ability to wait a long time," said Stuart Anderson, author of the two reports. Anderson is NFAP's executive director and served as head of policy and counselor to the Commissioner of the Immigration and Naturalization Service from August 2001 to January 2003. "Absent action by Congress the situation will grow worse, creating great hardship and weakening the competitiveness of U.S. companies."
 
The long waits for employment-based green cards are caused by two primary factors: 1) the 140,000 annual quota is too low and 2) the per country limit, which restricts the number of green cards available to skilled immigrants from one country to 7 percent of the total. Due to the per country limit, skilled foreign nationals from India and China, who generally make up most of the applicants, wait years longer than nationals of other countries.
 
The issue of wait times for employment-based immigrant visas is vital because when employers recruit at U.S. universities they generally find one-half to two-thirds of the graduates in science, math and engineering fields are foreign nationals. "Failure to retain these talented individuals in the United States means they will go to work for international companies in other countries or U.S. businesses will need to place them abroad, pushing more work outside the United States," said Stuart Anderson. "An ability to offer a prized employee a realistic chance of staying in America as a permanent resident can be crucial to retaining that individual." In addition to the high proportion of foreign nationals graduating in key fields from U.S. universities, individual achievers make an important impact on the economy.


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Comments

  1. George Chell's Avatar
    We can loose these talent to Singapore and with that jobs from the US will move abroad as well......

    Hunt for biomedical talent to continue, says Iswaran
    Deep and broad collaborative research also is still the way forward


    By NISHA RAMCHANDANI
    Singapore Business Times


    SINGAPORE will maintain its focus on attracting top talent from the science community as well as encouraging collaborative research both within the biomedical sciences industry and with the private sector.


    Second Minister for Trade & Industry S Iswaran said yesterday that the biomedical industry has come a long way in the past decade, and the way forward is to continue 'attracting and nurturing top scientific talent, and fostering deep and broad collaborative research'.

    He was speaking at the 22nd Federation of Asian and Oceanian Biochemists and Molecular Biologists Conference at the Biopolis.

    Singapore has set aside some $3.7 billion - or 25 per cent of public R&D investment - for the biomedical sciences sector from now till 2015. Funding will go towards areas such as attracting both local and foreign talent and doubling Singapore's pool of clinician-scientists by 2015 in order to boost translational and clinical capabilities. It will also go towards encouraging R&D collaboration between the public and private sectors so that research can be translated into applications to improve health.

    'We will anchor more corporate R&D labs through our capabilities and technology platforms,' Mr Iswaran also said.

    The conference - with the theme 'Creativity and Innovation in Life Science Research, Enterprise and Education' - turned the spotlight on next-generation technologies for research, enterprise and education. The conference also included a dialogue session with Mr Iswaran and business leaders from the biomedical and biotech sector to facilitate feedback as well as discussions on promoting entrepreneurship in the sector.

    The conference was attended by 300 participants from the Asia-Pacific as well as the US.

    The biomedical sector is a key pillar for Singapore, constituting about 20 per cent of Singapore's manufacturing value added. Between 2000 and 2009, Singapore's biomedical manufacturing output jumped significantly from $6 billion to $21 billion. Employment in the biomedical manufacturing sector also rose substantially from 6,000 to 13,000 while employment in R&D more than doubled from 2,200 to 5,000.

  2. George Chell's Avatar
    Alabama situation

    http://news.yahoo.com/ala-loses-workers-immigration-law-takes-effect-222404123.html
  3. My 2 cents's Avatar
    If EB-3 applicants have wait times of 30-70 yrs, it might be a ploy to keep Medicare & SS solvent for the next 50 yrs. Over a quarter million legal immigrant in EB-3 would never be able to draw SS or get Medicare benefits.
  4. Legal and no longer waiting's Avatar
    One does not have to be permanent resident to draw on SS. Not sure about Medicaid.
  5. George Chell's Avatar
    "If EB-3 applicants have wait times of 30-70 yrs, it might be a ploy to keep Medicare & SS solvent for the next 50 yrs. Over a quarter million legal immigrant in EB-3 would never be able to draw SS or get Medicare benefits."

    Yes. But, if the corporations decide to take them and their jobs to Singapore, we are the biggest loosers in terms of tax and SS/Medicare revenues and they will come back for more cuts as Cameron and his clowns are doing in the UK!

  6. Sam's Avatar
    "We support legal immigration"

  7. Anon's Avatar
    - "We support legal immigration".
    Great and thank you. I have heard too many people say that, but if it means it might take a 100 years for the legal immigrant to immigrate legally, what you might get is illegal immigration. I have been in this country for 10 years, yet to see something worked out or even get my green card. Well, coming from a populous country, big lines are a way of life......:-)
  8. Another Voice's Avatar
    Then people wonder why people come here illegally!!!!
  9. George Chell's Avatar
    Time to adopt Mitt Romney's proposals!
  10. SG's Avatar
    Time to leave the line!!! How long can someone be "legal" slaves of the system!!!
  11. LFWF's Avatar
    http://www.nytimes.com/2011/10/07/world/americas/07iht-letter07.html?pagewanted=2&_r=1&src=rechp

    New age immigrant "Seagulls"

    http://www.nytimes.com/2011/10/07/opinion/07iht-edsokol07.html?src=rechp

    When it comes to taxes, America wants you after all!!
  12. Rajani's Avatar
    HR 3012 will be taken up by the House for mark up on 10/13-14/11. Greg, assuming this legislation gets passed and signed by the President, how fast the EB3 for Indians will move forward?

    Will it give any immediate effect for the Indian Nurses having priority dates of 2006 onwards?
  13. Greg Siskind's Avatar
    Hi Ranjani - Given how long the odds are against the bill passing, I'm not ready to start crunching numbers on movement of numbers. The bill faces enormous obstacles in the Senate right now. If the politics change, I'll be blogging to let people know. I think it's important to be discussing the ideas people have to solve our problems, but we've got a while to go before we get a major skilled worker bill passing.
  14. Hill Person's Avatar
    Actually, the principal obstacle to passage of HR 3012 in the Senate - a Democrat - has already been sated with a certain provision in the bill.
  15. Greg Siskind's Avatar
    Hill Person - Thanks for the tip. Has the provision to satisfy Senator X already been added or is it coming soon?
  16. Rajani's Avatar
    Thank you Greg for your comments.
    As a lay man I can understand the seriousness of your
    comments and hope the reps in senatte will do so.
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