Moving from USA to Canada – Part 2: The Broken and Discriminatory Legal Immigration System

This is a series of posts (5 total) where I describe why Devanshi, my wife, and I moved permanently from the USA to Canada after spending close to a decade in the US. You can find all the posts here.

In the previous post, I wrote about how the general population is typically unaware of the true nature and scale of the immigration issues – especially when it relates to legal, employment-based immigration in the US. Let me elaborate on what that entails.

There are approximately a million people like myself – Indian citizens who have lived in the US legally for up to or more than a decade on a temporary work visa. For us, the phrase ‘the immigration system is broken in the USA’ primarily means that, under the current immigration system, we will not get our permanent residency for the next decade or two (or three or four or fifteeneven though we have already been approved for it. This has been an issue for more than a decade and is unique to people of Indian origin (and to an extent the Chinese). It stems from an arbitrary cap on the number of Green Cards that can be issued to citizens of any single country each year regardless of when those people had their applications approved.

Since the foreign workforce in the US has a large presence of people from India (and China), this has essentially come to mean that people from India like myself have to wait for decades to see a green card (even though we were approved for it several years ago), while people from almost every other country obtain theirs in a year or less. So, while it is illegal for employers to discriminate against a person based on his/her nationality during hiring, the immigration system requires a discrimination against the same person based on his/her nationality – when issuing employment-based green cards.

So, what exactly does it mean to live in the USA while being on a perpetual wait for permanent residency? Is there even a legal way to live and work here while we wait for our green cards? Turns out, the same system that caused this issue, ironically, also provides what on the surface appears to be ‘a solution’.

Since almost all of us get approved for our green card while on temporary work visas, the immigration system simply allows us to keep renewing our ‘temporary’ visas indefinitely until we actually get our green cards! For those of you who were not aware of these details previously, I promise you I am NOT making this up. As much as this may all sound fantastic and ridiculous, this is actually how about a million Indian citizens live and work in the US currently – by extending their ‘temporary’ visas indefinitely! And for those of us who have been living like this for years, it has long ceased to be a matter of absurdity. On the contrary, we have all mostly just accepted this as a basic fact of everyday life. But yes, the system does appear to provide a pathway for people like me to stay here and work legally while we go through our decades long wait for our green cards. In fact, for the last 3-4 years, there has even been a provision for the spouses of those approved for a green card to be able to work. So what’s all the fuss about you ask?

This is the point where I emphasize that the true nature and scale of the problem is only known to the people who are directly impacted by it.

Over the years, the impacts from this system of legal immigration – where people from one or two countries are discriminated against for green cards – have manifested in ways that go well beyond just the allotment of green cards. An entire ecosystem of different players with different incentives has mushroomed from this flawed and discriminatory system. It has impacted the way companies do business, why people from specific countries are hired, the legal status of children, workplace harassment, career stagnation, forced deportation, family separation, among many others.

In the next post, I will highlight (some of) the problems faced by people (like myself) who are stuck in a decades long green card backlog.

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