Green Card Gridlock: A Lifeline for Documented Dreamers through the EB-5 Visa Program
America’s Green Card Gridlock, revered as the land of liberty and opportunity, has always been a beacon for immigrants around the world. Since time immemorial, newer arrivals have pursued the American dream and contributed to the growth and prosperity of the nation. But now, for many children of H-1B visa holders, this dream is under threat. These young adults, also sometimes called “documented dreamers,” may even have to consider self-deportation due to political gridlock that affords them little chance at permanent residency. In this frustrating situation, the EB-5 visa program could prove to be a savior.
The H-1B Visa and the Green Card Backlog
The H-1B visa has been the most crucial route to employment and residence in the United States for skilled professionals. In all, more than 441,000 H-1B visas were approved in 2023 alone, with over 320,000 going to Indian nationals. But a backlogged green card process has left over 1.2 million Indians, including dependents, in limbo. When their children turn 21, they “age out” of dependent status and lose the protection that comes with legal immigration status—a precarious situation that can render them deportable.
This standoff has left murky the future of these young adults, most of whom have spent their whole life in the U.S. Bipartisan efforts to protect such so-called Documented Dreamers, including the latest push from 43 lawmakers led by Senator Alex Padilla, make the outcome very uncertain.
Proposed Solutions for Documented Dreamers
Several ideas have been advanced towards the documented dreamers’ conundrum. These include: deferral of removal as an act of prosecutorial discretion, expansion in eligibility for employment authorisation, and parole into the country for the children of long-term visa holders who age out. Although these are morale-seeing propositions, it’s anyone’s guess as to the reality and application due to the prevailing political divide across the aisle.
The EB-5 Visa: A Road to Residency
In this context, one feasible option for documented dreamers who want to permanently remain in the U.S. is through the EB-5 Immigrant Investor Program. First implemented in 1990, the EB-5 program has conferred permanent residence upon immigrant investors who place their investment in a business and, as such, generate at least ten jobs for American workers. The minimum amount invested in the business shall be $1,050,000 or $800,000 if the investment is made to target employment areas, which are defined as rural or high unemployment areas.
Some of the important EB-5 program benefits include, but are not limited to, permanent residency for investors and their families, freedom to travel in and out of the United States, and resident tuition rates at U.S. universities. The concurrent filing, which immigrant investors will be able to file for adjustment-of-status applications while their EB-5 applications are pending, was introduced by the 2022 Reform and Integrity Act. This section grants Documented Dreamers advance parole and unrestricted EAD, which can make them employable anywhere in the United States without employer sponsorship.
Steps to Begin the EB-5 Process
The following are some of the important steps in the case of documented dreamers going into the EB-5 visa program:
Find an EB-5 Immigration Attorney: An experienced attorney will be able to document the paperwork, file the petition I-526E, and manage the concurrent adjustment process, if applicable.
Invest in a Regional Centre in Good Standing: Avail yourself of a regional centre that has adequate experience in the past and is currently compliant with all regulatory requirements. Here, the services of an attorney will be quite useful to assess the project presented by the centre and check that it complies with each and every legal requirement.
Conclusion
As mentioned earlier, the gridlock on Green Cards has kept many documented dreamers in limbo, with uncertainty regarding what is in store for them in this country that they call their own home. While politicians remain in disagreement over political solutions, the EB-5 Immigrant Investor Program represents a real pathway to permanent residency. These young adults will create new jobs and invest in the United States economy to earn their right to be in America and to continue their contributions to America’s future growth and prosperity. While trying to find their way through the complex landscape, the Documented Dreamers have to consider every avenue open to ensure that their decisions are aligned with long-term goals.
