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H-1B Visa: a Great Share of Employment-Based Green Cards goes to Family Members

December 2017, 13
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Cato Institute has said in a report that in case a separate classification of visa for dependents of H-1B visa holders was made, the country would be in a position to acquire additional skilled workers from overseas. Cato Institute says that for the year 2015, a high 56 percent of all green cards related to work visas, were granted to members of the family of foreign workers. Hence, 44 percent of the annual quota remained for the actual workers to get a green card.

The Institute went on to say that in case the spouses and children of the foreign work-visa holders are measured as a separate classification, the country could bring additional foreign workers without resorting to an increase in the annual quota. There was a need to exempt the dependents completely from the allocation of employed, to get a green card. In such a scenario, in 2015, further 76,711 top skilled workers, might have received a green card, without resorting to an increase in the annual quota.

The article added that including dependents in the quota defeat the real purpose of the work-visa program. The members of the family of immigrant workers are forced to use employment-based green cards, despite the statute strongly suggesting that this situation was not desirable to the Congress. Instead of having a separate category for spouses and children in the green card, they obtain a green card meant for another worker. This was possible because the immigration system in the US considers the family reunification as an important issue in the employment-based visa classifications.

Regarding the country, where employment-based green card beneficiaries of 2015 resided, it said that 85 percent had become legal residents in the US after adjusting their immigration position, from other types of visa, like H-1B /F visa, to having an employment-supported green card.

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