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Time of India
27-07-2025
- Politics
- Time of India
USCIS draws up an implementation plan to narrow birthright citizenship
USCIS draws up an implementation plan to narrow birthright citizenship In a surprise move, the US Citizenship and Immigration Services (USCIS) has recently drawn up an implementation plan for roll out of President Trump's executive order (EO) that seeks to restrict birthright citizenship. This EO, signed by Trump on Jan 20, curtailed babies born in the US from getting automatic American citizenship unless one of the parents was a US citizen or green card holder at the time of birth of the child. USCIS explains that in the absence of a parent being a US citizen or green card holder, the new born child will take on the same status as that of the mother. This plan takes into cognisance the preliminary court injunction but states that it has been drawn up in the event that the EO is permitted to go into effect. It seeks to address certain legal issues. Currently, children of foreign diplomats born in the US are excluded from American citizenship due to their parents 'not being subject to US jurisdiction'. The implementation plan outlines expansion of this exclusion to include children born to individuals in unlawful status or lawful but temporary status (such as H-1B holders). Cyrus D. Mehta, founder of an immigration law firm based in New York, told TOI, 'The USCIS has a sinister plan to implement Trump's 'currently unconstitutional' birthright citizenship executive order, in case the EO which is currently blocked is allowed to go into effect. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Senior Living Homes in Bishwanath May Surprise You Senior Living | Search Ads Undo Under it, the newborn child will not automatically be a US citizen but would take on the lawful but temporary status of the mother.' In the case of an Indian couple, if the husband holds an H-1B (temporary non-immigrant work visa) and the wife holds an H-4 (dependent visa), the child born in the US to this couple would get a dependent visa status and not American citizenship. As mentioned by TOI earlier, given the decades long backlog for an employment based linked card, hundreds of Indian families with new-borns (post coming into effect of the EO) would be hard hit as neither parent would be a citizen or green card holder and the child would no longer be accorded American citizenship on birth. USCIS proposes to allow children born in the US to register for lawful immigrant status – such as H-4. This approach is modelled after how children of diplomats are currently handled under US immigration law. 'If the mother is unlawfully present the child will also be considered unlawfully present as soon as it is born. The immigration authorities can technically remove the child who is unlawfully present,' adds Mehta. Immigration experts point out many challenges that could arise. What would be the situation if a child is born to a mother whose non-immigration visa status such as an H-4 is pending? Would it ridiculously result in the child being born in the USwith a similarly pending status? questions Mehta. Several immigration attorneys with whom TOI spoke are hopeful that if the litigation reaches the Supreme Court, the EO will be treated as unconstitutional.
Time of India
26-07-2025
- Politics
- Time of India
Proposed bill will ease the pathway for a green card — but will it pass?
Immigrants in the US could qualify for lawful permanent resident status (commonly known as a green card) if they have lived in the country continuously for at least seven years before applying, do not have a criminal record, and meet all other current eligibility requirements — according to a bill proposed to be introduced in the US Senate by Senator Alex Padilla . The announcement comes against the backdrop of what the bill's backers describe as the 'indiscriminate' immigration enforcement practices of the Trump administration, according to a release. The bill is expected to be introduced in the US Senate in the coming week, but immigration experts are skeptical about its chances of passing. Padilla, a ranking member of the Senate Judiciary Subcommittee on Immigration, had made headlines just a month ago when he was forcibly removed from a press conference held by Department of Homeland Security Secretary Kristi Noem — an incident that sparked nationwide debate. Senator Dick Durbin will co-lead the bill in the Senate, while Representative Zoe Lofgren will lead the parallel effort in the House of Representatives. 'This overdue update would provide a much-needed pathway to a green card for more than 8 million people, including Dreamers, forcibly displaced individuals ( Temporary Protected Status holders ), children of long-term visa holders, essential workers, and highly skilled members of our workforce, such as H-1B visa holders , who have been waiting years for a green card to become available,' says a release from Padilla's office. If passed, the bill would also benefit hundreds of Indian nationals stuck in a decades-long backlog for employment-based green cards and help prevent family separation caused by children 'ageing out' (turning 21). At present, these children must either switch from a dependent visa (such as an H-4) to an international student visa or deport to India or another country. According to a March 2023 analysis by David J. Bier, director of immigration studies at the Cato Institute , the employment-based green card backlog for India (EB-2 and EB-3 categories) had reached 10. 7 lakh, with nearly 1.34 lakh children projected to age out before a green card became available. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like American Investor Warren Buffett Recommends: 5 Books For Turning Your Life Around Blinkist: Warren Buffett's Reading List Undo Technically, the bill seeks to amend Section 249 of the Immigration and Nationality Act, known as the "Registry," which gives the Secretary of Homeland Security discretion to grant lawful permanent resident status to individuals who have been in the country since a specified date and meet other criteria. Section 249 was last updated in 1986, and the current cutoff date for eligibility remains January 1, 1972 — more than 50 years ago. Senator Padilla had introduced a similar bill in September 2022, which is now being revived and reintroduced. The 'Renewing Immigration Provisions of the Immigration Act of 1929' would amend the Registry statute by updating the eligibility cutoff, allowing individuals who have lived in the US for at least seven years before filing an application to qualify for permanent residency. 'Americans know there's a better path forward than the Trump administration's cruel scapegoating of hardworking immigrants and fearmongering in California communities,' said Padilla. 'We believe that if you've lived here for over seven years, paid taxes, contributed to your community, and have no criminal record, then you deserve a pathway to legalization. My bill is a commonsense fix to our outdated immigration system — the same kind of reform Republican President Ronald Reagan embraced four decades ago, calling it a 'matter of basic fairness.' This legislation creates no new bureaucracies or agencies — it simply updates a longstanding pathway to reflect today's reality and provide a fair shot at the American Dream for millions of Dreamers, TPS holders, and highly skilled workers who have faced delays and uncertainty for decades.'
Time of India
21-07-2025
- Business
- Time of India
H-1B visa applications closed for 2026 fiscal year; understanding H-1B visa and its benefits
In a recent update, the US Citizenship and Immigration Services (USCIS) has announced that the department has put a cap for the H-1B visa program for the fiscal year 2026 after having received enough petitions. Tired of too many ads? go ad free now USCIS in its official statement has confirmed that they have reached the 65,000 visa regular cap. As of now, the agency admitted that it will go on to process petitions that are exempt from the cap. These includes: Present H-1B workers in the U.S. can continue their work and apply to extend their stay. Not only this, the visa holders can request to switch to their job terms or change to choose a new employer. The other exception is some workers can even be allowed to work for more than one employer at the same time under H-1B. On this note, let's have a look at what is H-1B Visa is and the benefits it brings to the holders: What is the H-1B visa? To understand in simple words, the H-1B visa is a non-immigrant visa which allows US employers to hire workers from foreign nations in specialty knowledge or skills. It could be in the field of engineering, IT, healthcare, and research. The visa program is run by the U.S. Citizenship and Immigration Services (USCIS). For those who don't know, it is among the most sought-after visas for skilled professionals from across the globe. Now every year in the month of March, employers submit electronic registrations for potential candidates but if applications exceed the cap, USCIS conducts a lottery to select applications. Qualifications needed Those who wish to qualify for an H-1B visa, the applicant must hold at least a bachelor's degree or its equivalent in related fields. On the other hand, the U.S. employer must show that the job is a 'specialty occupation' that requires such a degree. Tired of too many ads? go ad free now What is the cap? The USCIS has put a cap of 65,000 on new H-1B visas for the fiscal year 2026. Benefits of holding H-1B Visa One of the prime benefits of holding the H-1B visa is that the document allows professionals to live and work in the U.S. for up to three years. They can also extend the visa to a maximum of six years in some cases. H-1B holders can also apply for permanent residency/green card if their employer sponsors them. The H-1B holders are also allowed to bring their immediate family members, which includes spouse and kids under 21, to the U.S. on H-4 dependent visas. In special cases, spouses (dependent visa) are also allowed to work in the U.S. While the window for new H-1B applications for fiscal year 2026 has closed, new applicants will have to wait for 2027 for the registration process to begin.
Time of India
09-07-2025
- Business
- Time of India
US Green Card chaos: Immigration backlog hits record 11.3 million - thousands left in limbo
Green card delays and visa backlog 2025 have hit record highs as USCIS backlog crosses 11.3 million pending cases, creating massive wait times and uncertainty for millions. Processing of green card applications, work permits, and employment-based visas has slowed drastically, with I-90 and I-765 forms now taking months longer. USCIS has paused automation efforts, adding to the delays. Meanwhile, lawsuits, federal subpoenas, and protests are erupting nationwide over immigration enforcement and detentions. From Harvard's student visa probe to ICE arrests during interviews, the crisis is intensifying. Read how these immigration delays are affecting real people and legal rights today. Tired of too many ads? Remove Ads Why is the USCIS backlog hitting record highs in 2025? Tired of too many ads? Remove Ads Who's being hit hardest by the green card processing crisis? Employment-based green card seekers – Especially from India and China, some are stuck waiting decades due to outdated per-country quotas . – Especially from India and China, some are stuck waiting due to outdated . Refugees and asylees – Thousands are stranded due to paused processing policies carried over from the Trump administration. – Thousands are stranded due to carried over from the Trump administration. Family-sponsored applicants – Many are waiting 10+ years due to preference category limits and country-specific backlogs. – Many are waiting due to preference category limits and country-specific backlogs. H-1B & H-4 visa holders – Many are living and working in the U.S. with no clear path forward, risking out-of-status scenarios. What's causing the record 11.3 million immigration backlog? 1. Understaffing and underfunding at USCIS 2. Legacy Trump policies still in effect 3. Surging applications post-COVID 4. Per-country visa caps Tired of too many ads? Remove Ads How long are green card and work permit delays taking now? Indian nationals (EB-2 and EB-3) : Up to 80 years in some worst-case projections : Up to in some worst-case projections Chinese professionals : Often waiting 20–25 years : Often waiting Family-sponsored applicants from Mexico or the Philippines : Waiting 10–15 years : Waiting Asylees/refugees: Processing largely suspended as of 2025 What's happening with advance parole and other relief categories? What's being done to fix the U.S. green card backlog? Visa Recapture Eliminate per-country caps Increase USCIS funding Reopen closed streams What are the real-life consequences of the green card backlog? Travel internationally without risking re-entry Change jobs or employers Sponsor spouses or children Buy homes or make long-term investments Will immigration delays worsen before they improve? Why did DHS issue subpoenas to Harvard over visa program violations? Why is Los Angeles suing to stop federal immigration raids? Who else is caught up in this growing immigration crisis? Mandonna Kashanian, a 64-year-old Iranian mother living in New Orleans for 47 years, was detained by ICE while gardening. She was later released after intervention by House Majority Leader Steve Scalise, who said DHS needed to take a second look. Mario Guevara, a journalist from El Salvador, remains in ICE custody despite being granted bond by a judge. His arrest during a protest livestream has drawn national concern over press freedom and alleged retaliation by ICE. Cynthia Olivera, a Canadian immigrant married to a U.S. citizen and mother of three, was arrested during her green card interview. Her husband, a Trump voter, said: 'We feel blindsided. I want my vote back.' ICE says her previous deportation and illegal reentry made her subject to arrest. What's next for immigration reform amid protests and lawsuits? What does this mean for immigrants now? FAQs: United States is experiencing a historic immigration logjam, with the green card backlog ballooning to 11.3 million cases by the second quarter of FY2025. That figure, confirmed by U.S. Citizenship and Immigration Services (USCIS), marks the largest pending case load in American immigration backlog includes visa applications, asylum claims, green card renewals, and work permit requests. Only 2.7 million cases were processed during Q2, meaning more than 8.6 million applicants remain in bureaucratic shockingly, over 34,000 applications haven't even been opened yet—stuck in physical mailrooms without digital entry into the USCIS backlog hitting 11.3 million signals a serious strain on the agency's resources. That number includes all pending forms—from green card applications (Form I-485) and work permits (Form I-765) to travel documents (Form I-131) and employment-based visa forms like Q2 of FY2025, USCIS completed just 2.7 million cases, a significant drop compared to prior quarters. Officials haven't provided a full explanation for the lag, but the suspension of the Streamlined Case Processing program has undoubtedly slowed things down. This program was originally launched to accelerate lower-risk applications but has now been paused over 34,000 unopened applications have created a 'frontlog'—a queue of cases that haven't even been entered into the system yet. This marks the return of a problem USCIS previously said it had resolved in delays aren't affecting everyone equally. Here's a breakdown of the groups suffering the most:The causes are layered and systemic. Here's what's driving the gridlock:USCIS has been operating withfor years. Despite record case loads, hiring has, leading to processing delays across all case immigration categories, especially those for, wereor severely restricted during Trump's presidency. Some of those shutdowns haven't been reversed in demand from the COVID years has resulted in an, especially for family reunification and employment-based Immigration and Nationality Act limits green cards to—which disproportionately affectslike India and for essential immigration documents are getting worse. The Form I-90, used for green card replacements, now takes more than eight months to process—far longer than the average wait time of four to six months seen in prior permits, particularly Form I-765, are also seeing mounting delays. Pending applications have more than doubled since the last quarter. These permits are vital for immigrants who need legal authorization to work while awaiting their green cards or other backlog in Form I-129 applications is directly impacting employment-based visa holders—especially H-1B and L-1 applicants—causing job losses, visa expirations, and anxiety for employers and foreign professionals on the applicant's category and country of origin, green card wait times vary drastically:These long waits are not just a paperwork issue—they disruptNot all news is bad. One bright spot is the Advance Parole (Form I-131) category, which saw a slight reduction in pending cases in recent months. Advance parole allows immigrants to re-enter the U.S. after traveling abroad while waiting for their green card or asylum decisions. Though still slow, this is one of the few areas showing overall, the immigration system continues to struggle with severe delays, which is creating ripple effects in legal, employment, and humanitarian proposals and policy ideas are circulating, but few have gained real traction:Millions of green cards godue to administrative delays. Immigration advocates are pushing Congress to 'recapture' these unused visas and apply them to today's like the Fairness for High-Skilled Immigrants Act aim to remove or raise the per-country cap, allowing fairer distribution and shorter wait money for staffing, tech upgrades, and infrastructure could help the agency speed up case suspended categories like refugee and asylum green card pipelines would provide relief to the most the numbers are. Many immigrants stuck in this limbo are unable to:A recent documentary, "Broken System," by filmmaker Shalini Kantayya shows the toll of the backlog on, particularlywho have lived in the U.S. for over a decade but remain 'temporary' on of mid-2025, immigration experts sayunless urgent reforms are passed. With, immigration policy has again shifted toward, not backlog major legislative or executive action occurs, themay be just the beginning of a much larger crisis in legal to the chaos, the Department of Homeland Security (DHS) escalated its conflict with Harvard University by issuing administrative subpoenas related to the Student and Exchange Visitor Program (SEVP). DHS claims Harvard repeatedly ignored requests for information and failed to prevent students from allegedly misusing their visas to promote violent McLaughlin, Assistant Secretary for Public Affairs, said bluntly: 'We tried to do things the easy way with Harvard. Now... we have to do things the hard way.'The subpoenas demand access to records, emails, and communications dating back to January 1, Angeles Mayor Karen Bass has joined a growing class-action lawsuit to block federal immigration raids, calling them unconstitutional and reckless. The lawsuit, Vasquez Perdomo v. Noem, accuses ICE of racially profiling immigrants, detaining people in inhumane conditions, and violating their legal ACLU of California and Public Counsel are leading the legal fight, saying ICE operations are targeting people with 'brown skin' and denying them legal counsel. DHS has rejected the allegations, calling them "disgusting and categorically false."Mayor Bass emphasized: 'We will not be intimidated... Los Angeles is taking a stand for American values.'Several recent cases illustrate how the immigration crackdown is affecting lives:Nationwide protests are planned on July 17 under the banner 'Good Trouble Lives On', commemorating the late Rep. John Lewis and denouncing President Donald Trump's immigration policies. The demonstrations follow similar actions held on June 14 and over the Fourth of July weekend, which criticized ICE raids and new travel Iranian green card applicants have filed lawsuits against the Trump administration, arguing that national interest waivers under the travel ban are being denied without reason. The State Department has declined to comment on ongoing immigration delays and visa backlog aren't just statistics—they're disrupting lives, careers, families, and basic rights. As the green card delays worsen, and visa processing slows, the pressure is mounting for a more transparent, fair, and functional lawsuits and subpoenas to protests and personal tragedies, the immigration debate in 2025 is unfolding across courtrooms, campuses, and communities—and it's far from card delays are rising due to USCIS backlog, automation pauses, and processing visa backlog is caused by record-high pending cases, limited resources, and policy changes.
Mint
11-06-2025
- Business
- Mint
Trump's crackdown on migrants: Will the American dream turn sour for Indians?
It is not a good time to be a migrant in the US. Crackdowns on migrants, including on those with legal rights to stay, have increased dramatically in recent months since Donald Trump took over as US president. Los Angeles is currently seeing a wave of violence after migrants resisted arrest by immigration authorities. This resistance is, in turn, fuelling further violent crackdowns on civilian populations in the city. Any long-term changes in US policies on migrants will have implications for Indians who have moved there—including green card holders having permanent resident status and those who have gone to the US for study, work, or to be with family. Indian-origin population in the US was estimated at about 3.4 million in 2023, according to the Organisation for Economic Cooperation and Development (OECD). The Indian diaspora is the second-largest foreign population in the US, after the Mexican diaspora. Over the previous three decades, Indians have increased their share in each of the visa types issued by the US to non-immigrants for four main purposes: tourism, studies, work, and to visit dependents. In 2022-23, Indians accounted for 86% of the US's H-4 visas (intended for dependents of foreign workers), 78% of H1-B visas (work visas), and 29% of student visas. In addition, and perhaps more importantly, Indians accounted for about 14% of US green cards issued in 2022, up sharply from about 8% a decade earlier. Post-covid surge The broader context is that overall migration to the US, including by those on non-permanent visas (like student visas, but excluding tourists), has risen sharply in the post-covid period. While estimates by different arms of the US government vary sharply, the rise is unmistakable. The Congressional Budget Office, whose estimate of 3.3 million net migration to the US in 2024 is among the highest, predicts that net migration will fall to 2.6 million in 2025 and 1.6 million in 2026. The post-covid surge was partly a recovery from the sharp slump caused by the pandemic, when strong international travel restrictions were in place. It is also a result of economic weakness in source countries in the post-covid period and a strong demand for workers in the US itself. According to a study by the Hamilton Project in the US, the surge in immigration added 0.1 percentage points to the US GDP in each of the years from 2022 to 2024. Indians abroad Post-covid, inward migration soared not just in the US but in high-income countries collectively. As per the OECD, its 38 member countries saw 'unprecedented levels" of around 6 million new migrants in 2022, excluding those from war-hit Ukraine. In 2023, per OECD's estimate, about 150 million people living in its member countries were foreign-born, whith about a third of them living in the US. About 6.5 million Indians live in OECD countries, over half of them in the US. Indians now make up about 10% of the foreign-born population in countries such as Canada, Australia, and the UK. Some of these countries are imposing restrictions on migration, although several of them have ageing populations and depend on migrants to fill gaps in their labour force. Remittance economy As part of his clampdown on foreign migrants, Trump has proposed a 3.5% tax on foreign remittances by non-citizens in the US. This comes at a time when the US, and rich Western countries in general, have become more critical to India's remittance economy. In 2023-24, India received remittances of $118.7 billion. Less than a decade ago, West Asian countries such as the UAE were the principal source. Now, it's the US, with its share rising from 22.9% in 2016-17 to 27.7% in 2023-24, as per the Reserve Bank of India. It's debatable what effect any tax on such remittances may have. A large proportion of remitters could use non-official channels to avoid the tax. According to RBI, 78% of Indian migrants to the US are employed in high-income sectors such as management, business, and science. In contrast, workers in the Gulf have tended to be manual labourers employed in construction or real estate. These may be uncertain times for all. is a database and search engine for public data
