Photo: March 11, Immigration Summit – Capitol Hill, DC: Foundation for India and Indian Diaspora Studies (FIIDS) Request President Biden to extend Documented Dreamers and Spouses of Backlogged Green Card Applicants Relief Similar to Newly Announced Legal Status and Work Permits
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Dear President Joseph R. Biden
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Sub: Request to Make Historic Change – EAD for I-140 Approved for the US competitiveness and relief to hundreds of thousands stuck in GC backlog
On behalf of FIIDS (Foundation for India and Indian Diaspora Studies), representing the policy interests of over 4.5 million Indian Americans, we extend our heartfelt appreciation to you, President Biden, for your exceptional leadership and dedicated service to the nation over the past 50 years. Your commitment to public service and your presidency’s focus on unity, compassion, and progress inspire us all.
We begin by highlighting the crucial contributions of the Indian-American community to the U.S. economy. Over 270,000 Indian-origin students contribute more than $10 billion annually, and Indian-origin immigrants lead over 50 Fortune 500 companies, driving innovation and economic growth. Despite these contributions, over 400,000 Indian immigrants remain stuck in an employment-based green card. These individuals, often highly skilled professionals, face decades-long waits for permanent residency. This not only limits their job mobility but also places their families—particularly children turning 21—at risk of losing legal status.
FIIDS has been at the forefront of advocating policy interests for the Indian American community. Through multiple petitions, we have gathered thousands of signatures, hosted an immigration summit on Capitol Hill in March 2023, and led an advocacy day on June 17th, meeting with nearly 100 elected officials at the Capitol Hill. While there is widespread support for reform, the legislative process is slow, and the current Congress is ending. The need for executive action has never been more urgent.
We strongly urge you to take an executive decision to issue an order or direct the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) to grant Employment Authorization Documents (EADs) to individuals and their families with approved I-140 petitions who have been waiting in the visa backlog for five or maximum ten years. This policy would provide immediate relief, allowing them to work, travel, and widely contribute fully to the U.S. economy while their green card applications are processed. This action aligns perfectly with your administration’s goals of retaining global talent and ensuring fairness for immigrant families. If taken, this decision will not only be historic but will be remembered as your lasting legacy in keeping the USA competitive on the global stage.
Immediate Relief and Economic Impact
The backlog of employment-based green cards has created a situation akin to modern-day indentured servitude, where highly skilled professionals remain tied to their current employers with little flexibility. Many of these individuals have approved I-140 petitions, but due to outdated per-country limits, they face wait times that stretch decades. This not only stifles their career growth but also affects the broader U.S. economy, which relies on their skills to maintain its competitive edge in technology and innovation.
Granting EADs would immediately relieve these workers from the constraints of their current employment-based visas, giving them the freedom to change jobs, explore entrepreneurial ventures, and more fully contribute to the U.S. economy. According to research cited by Forbes, the lengthy wait for green cards has already discouraged many international students from pursuing their careers in the U.S. Between 2016 and 2019, Indian STEM graduate students dropped by nearly 40%, largely due to immigration hurdles. Retaining this talent is critical for America’s position as a global leader in innovation.
Supporting Families and Future Generations
This reform would also have a profound impact on immigrant families, especially children who risk “aging out” of their legal status when they turn 21. These children, many of whom were raised and educated in the U.S., face the prospect of deportation unless they find alternative visa options—an almost impossible task given their circumstances. Granting EADs to their parents and to them, based on their education, would not only protect their future but also secure a highly skilled workforce for the U.S.The emotional and financial strain on these families is immense. Families are left in limbo for years, unable to make long-term plans, buy homes, or invest in their futures. Granting EADs would provide them with the stability they deserve while ensuring they remain valuable contributors to the U.S. economy.
Alignment with Your Immigration Policies
Your administration has consistently emphasized the importance of attracting and retaining global talent, particularly in science, technology, engineering, and mathematics (STEM) fields. Highly skilled workers from India, China, and other countries represent some of the brightest minds in these areas. However, their contributions are hindered by the green card backlog, which limits their job mobility and opportunities. By granting EADs to those with approved I-140 petitions, you would send a clear message that America welcomes and values their talents. This policy change also aligns with immigration advocates including the White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders (WHIAANHPI), Global Indian Technology Professionals Association(GITPRO), etc.
A Historic Opportunity for Action
We recognize the legislative hurdles that have delayed comprehensive immigration reform. However, executive action at this critical juncture could bypass these delays and offer a practical solution for the 400,000 individuals stuck in the backlog. Your intervention could make an immediate and transformative difference. Taking this step would not only address the challenges faced by these families but also cement your legacy as a president who stood for fairness, compassion, and economic foresight. This would be a historic moment, demonstrating your commitment to keeping America competitive in technology and innovation, while providing much-needed relief to the immigrants who have helped build this country.
Conclusion:President Biden, we respectfully ask for your leadership in granting EADs to individuals with approved I-140 petitions who have been stuck in the green card backlog for years. This measure would provide immediate relief, unlock the economic potential of skilled immigrants, and protect their families from further uncertainty. By acting now, you would ensure that America continues to be a beacon of opportunity for the world’s brightest minds and their families.
We thank you for your attention to this critical issue and remain hopeful for your executive order.
Sincerely,
Khanderao Kand, FIIDS President and Chief of Policy and Strategy , khanderao@fiids-usa.org
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Washington DC, 19th June, 2024
Contact: Khanderao khanderao@fiids-usa.org
Immigration GC Changes
Change Petition to the President https://chng.it/8KSSbCr22F
Press Release June 20: 1) FIIDS Urges President Biden to Extend Immigration Relief to Documented Dreamers and Spouses of Backlogged GC Applicants 2) Appreciate President Trump’s proposal to grant automatic GC to foreign students graduating from US colleges
On June 18th, President Biden announced that undocumented spouses of U.S. citizens residing in the U.S. for 10 or more years can apply for expedited citizenship. Additionally, undocumented children with college education will be eligible for immediate work visas and future legal residency. We recognize President Biden’s commitment to keeping American families together and his intentions to promote family unity and strengthen the economy.
On this important initiative, we regretfully bring to attention that this announcement missed an opportunity to include hundreds of thousands of spouses of legal, tax-paying, contributing immigrants who are stuck in long green card waits due to the 7% country-wise quota. Their U.S.-educated children are becoming out of status at 21. They too have dreams; they are dreamers too. Just because they are legal, they shouldn’t be excluded from such measures.
We respectfully request extending this compassionate offer to include spouses of documented immigrants on H1B who are waiting for green card (backlogs) for 10+ years to get work permit/EAD . Allowing these spouses to obtain EAD and apply for separate green card without being limited by their spouse’s employment-based green card status, and granting their children immediate EAD based on their education, would keep families together and enable them to contribute to the US economy with their full potential.
June 20, 2024 President Trump Suggests Automatic GC to Foreign Graduates
On 20th June, President Trump suggested that foreign students who graduate from college in the United States should receive a green card so they can stay in the country. We appreciate his thoughts behind this idea to “import the best and brightest around the world to America”. This plan would certainly eliminate long wait time of GC backlog, attract students from all over the world to the US universities and make them available to give a global competitive edge to the US in technology including AI, Space and Cyber security.
Tweet: https://x.com/FIIDSUSA/status/1804203902289744187
FIIDS Advocacy Summit June 13, 2024:
FIIDS has been working on immigration issue for last three years. We had raised policy matters and bills related to legal immigration in the last two annual advocacy days. In the latest advocacy summit, on 13th June, 140 delegates from 22 states discussed the immigration issues with nearly 100 members of houses/their staff. This would keep families together and enable them to contribute to the US economy with their full potential. As the country wise GC quota has choked talented and tax paying Indian, mainly tech, immigrants for decades in getting their green card, FIIDS advocates reforms to get them and their family relief and make them contribute in the tech talent needs of the US. We create awareness of S.3291 (EAGLE Act by Sen. Cramer) and H.R.6542 (Rep. Rich McCormick and Raja Krishnamoorthi) to remove the 7% country cap on green cards, HR 1535 (Rep. Raja Krishnamoorthi and Rep. Larry Bucshon) to use unused green cards to reduce the backlog and H.R.3442 (Rep. Deborah Ross and Alex Padilla) to protect children of long-term visa holders. On this background, we appreciate them and their sponsors, as well as Rep. Ro Khanna for his conviction about the benefits of EAGLE act for the US and their efforts to get the bills pass. We request support of the elected officials to this bill.
Earlier Updates: Oct 2023: Employment Authorization Documents (EAD)
On Oct 20th 2023, the Foundation for India and Indian Diaspora Studies(FIIDS) submitted following Employment Authorization Document (EAD) related asks to the USCIS.
To Director Ms. Ur. M. Jaddou,
The Director U.S. Citizenship and Immigration Services,
20 Massachusetts Avenue NW Washington,
DC 20529-2140
Subject: Request to Changes in Employment Authorization Document (EAD) for Non-Immigrant Visa holders and their families
Dear Director of USCIS,
On behalf of the Indian American community, Foundation for India and India Diaspora Studies (FIIDS) appeals for the extension of benefits similar to the EAD changes announced on September 27, 2023, to non-immigrant visa holders and their families. (Ref: https://www.uscis.gov/newsroom/alerts/uscis-increases-employment-authorization-document-validity-period-for-certain-categories)
As per reports there are 1.1 million Indian-origin non-immigrant visa holders waiting for their priority date to become current so that they can apply for an I-485 for a green card. Due to the country-wise limit of 7%, this restricts their annual approval, causing almost ~135 years of delays, and estimated that about 435,000 would not see permanent residency in their lifetime.
Recognizing the imperative of retaining the competitive advantage of the United States, it is crucial to acknowledge the immense contributions these individuals and their families make to the nation’s economy, innovation, and diversity. Furthermore, on humanitarian grounds, it is pertinent to avoid a situation where these individuals find themselves in a status akin to indentured laborers.
This delay has a number of side effects, including:
- Impact on the industry: These highly skilled workers are unable to contribute to the industry outside of their current employer, which is a significant loss to the US economy.
- Impact on H4-EAD spouses: H4-EAD spouses are tied to the H1B status of their spouse, which makes family’s stability uncertain especially during high layoff and makes them financially insecure.
- Impact on documented dreamers: More than 200,000 children (called documented dreamers) are getting aged out of 21, becoming illegal status. Their contribution is important for retaining the US competitive advantage.
We urge you to consider the following recommendations:
- For Employment-Based Applicants: Grant EAD to I-140 approved applicants for a duration of 5 years without necessitating waiting for I-485 processing.
- For Spouses of Applicants: like the announcement on 27th Sept, give 5 years auto renewal EAD to H4EAD spouses to provide them the freedom from the uncertainty and contribute independently.
- For Documented Dreamers: Allow H4-EAD and extend their visa coverage from 21 years to 25 years, providing them with a stable status until they can pursue their own immigration path.
Implementing these changes would not only alleviate the immense pressure faced by these families but also fortify the United States as a nation that values and nurtures talent and diversity. We kindly request you to consider this appeal with utmost urgency, taking into account the human aspects of these prolonged immigration delays and the immense potential these individuals bring to American society.Thank you for your time and consideration.
As FIIDS continue to campaign for these changes, they need help to put pressure on the USCIS. This can be done in two ways:
- Strategic help from organization leaders: If you represent any group, institution, organization, or company, please contact FIIDS to offer your support. info@fiids-usa.org and khanderao@fiids-usa.org
- Funding: FIIDS funding to continue their campaign. Please consider donating to support their work. http://fiids-usa.org/donate or Zelle donate2fiids@gmail.com (501 C 3 tax exempt)
Together, we can make a difference for legal immigrants in the US.
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