Green cards have traditionally been a symbol of the American dream, and are globally sought-after, including by Indians. However, obtaining a green card has become increasingly difficult with longer waiting periods and stricter quotas.
As a result, more and more Indians are looking for alternative ways of establishing their presence in the US for an extended period. While the green card remains the ultimate goal for many, these alternative pathways offer viable options for those seeking to build careers, invest, or experience life in the US.
Among Indian professionals, the US H-1B visa program has remained popular as one option. The problem, however, is that only 85,000 visas annually enter the lottery whose winner will then be granted into America. The acceptance rate for Indian applicants has plummeted in recent years, necessitating a diversification of strategies.
O-1 Visa: A Niche for the Extraordinary
The O-1 visa option may allow US immigration among individuals who can prove their extraordinary abilities. This is a hard visa to get because of the extensive evidence required. Yet, successful O-1 visa holders can remain in the country for up to three years initially with possible extensions and permits for dependent employees.
Applicants must show evidence of sustained national or international acclaim to meet this requirement. Although there is a relatively low success rate among Indians, those with good awards history are more likely to succeed.
E-2 Treaty Investor Visa
The E-2 treaty investor visa allows Indian entrepreneurs to invest in America and establish businesses there. The applicant must demonstrate that they have financially invested in developing enterprises within the United States, as well as play an active role in their management.
However, an E-2 visa remains connected with business and requires continuing participation by its holder thus it presents a chance for such an individual and his family members to live and work freely in America. The success of Indian applicants depends on the plausibility of the business plan and how much money the potential investor has.
The EB-5 Visa Program
The EB-5 investment visa program is meant to lure foreign investment into the US economy. These investors can secure green cards for themselves and their immediate families by investing in US businesses that create a certain number of jobs. Providing a possible route to obtaining a green card and chances for economic development, the EB-5 visa demands substantial investments and involves risks, such as difficulties in fulfilling employment creation goals. However, the comparative success rate among Indian investors is linked to their financial resources.
Leveraging Education: OPT and STEM OPT
Students from abroad finishing their education in the United States can acquire important work experience through the Optional Practical Training (OPT) and STEM OPT extensions. Although these initiatives don’t automatically lead to becoming a permanent resident, they can act as a stepping stone to further prospects, like getting a green card through work or starting a business. OPT grants students short-term permission to work, whereas STEM OPT permits those with degrees in Science, Technology, Engineering, and Mathematics to prolong their work permission.
L1 Visa Program
The L1 Visa is like a corporate passport for global talent. It is a temporary work visa for employees (including Indians) of multinational companies with offices in the U.S. and their home country. It permits foreign employees to shift to a U.S. office and continue working in a managerial, executive, or specialized knowledge position. This visa supports transferring employees with high-quality skills within MNCs, promoting the interchange of professional skills and cross-cultural experiences.
EB-1A Visa Program
Widely renowned as the “Alien Of Extraordinary Ability Visa,” the EB1A Visa is an immigrant meant for persons with exceptional abilities in diverse domains, such as arts, sciences, education, business, or athletics.
This visa program is specifically for candidates whose achievements in their respective fields are acclaimed on a national or international level. The EB1A Visa has garnered abundant positive attention as it permits candidates to self-petition for permanent residency in the United States. Processing time for the EB-1A visa is around 8-10 months.
EB1B Visa Program
First Preference, or the EB1B Visa, is an immigrant visa for non-citizen nationals with global recognition as extraordinary researchers or professors in their educational field. As a perk, eligible applicants do not have to go through the hectic process of acquiring a labor certification. Also, eligible immediate family members of the primary applicant (spouses and dependant children under 21) can access the Green card. The estimated processing time for this is around 8-12 months.
EB1C Visa Program
The EB1C Visa is for multinational executives and managers transferred from foreign countries to the United States by their present employer. The EB1C Visa is a priority worker visa that caters to individuals with a track record of extraordinary skills in their field. It permits MNCs to transfer their highly skilled employees to the United States and continue the employee’s employment with affiliated companies. The estimated processing time for this is around 8-10 months.
EB-2 Visa Program
The second preference visa is meant for individuals with advanced educational degrees (or a foreign equivalent), or at least 10 years of work experience in their specific field. Moreover, employees, believed to be of national interest to the United States, may also qualify. For most applicants in this category, obtaining labor certification through the Department of Labor (DOL)is necessary. Immediate family members of EB-2 visa holders may apply for admission to the U.S. through forms such as E21 or E22.
EB-3 Visa Program
The EB-3 visa is an employment-based immigrant visa specially made for skilled workers, professionals, and other non-seasonal or temporary workers deemed capable of filling positions with no available U.S. workers. It provides a pathway to permanent residency in the United States for individuals with diverse skills and educational backgrounds. It also applies to unskilled candidates with a permanent job offer from a U.S. employer. The full procedure takes around 1-2 years to complete
The Role of Immigration Consultants and Attorneys
Successful maneuvering through the intricate US immigration system demands meticulous planning and the assistance of knowledgeable professionals. During this journey, immigration lawyers and advisors can play a crucial role. They are experts in comprehending and guiding through the complexities of immigration laws, regulations, and processes.
Their services cover evaluating eligibility for different types of visas; preparing and filing comprehensive applications; representing clients throughout their immigration proceedings; offering advice with strategic planning; staying updated on any changes to immigration laws; and supporting applicants throughout the visa application process.
Establishing a lasting presence in the United States is extremely challenging without clearly understanding the available options and the proper guidance. By familiarizing themselves with various visa categories and seeking professional advice before making a decision, individuals can enhance their likelihood of achieving permanent residency in the US. Careful planning and the assistance of professionals can simplify the process, making it feasible to navigate the U.S. immigration system successfully.