DHS rule under Biden's administration streamlines process for temporary workers to obtain permanent residency (green cards)
HOST AYESHA RASCOE:
Just before President Trump made his return to office, a fresh rule at the Department of Homeland Security came into play. This rule shed light on the fact that someone on a work visa can also apply for permanent residency, otherwise known as a green card. Legal experts argue this simplifies the process of seeking permanent legal status. As NPR's Ximena Bustillo explains, while many avenues to legalization are shrinking, this one might become increasingly popular.
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BUSTILLO: At the rear of Churchill Downs racetrack in Kentucky, hordes of workers can be observed zigzagging amongst the white barns. Majestic thoroughbred racehorses envisage from the stable doors, eagerly awaiting someone to take them out for a bath. One of the workers overseeing these magnificent animals is Gerardo Serrano.
SERRANO: (Through interpreter) I adore horses. In my native country, in my town, I worked with animals, horses included, as well as other kinds.
BUSTILLO: approximately 12 years ago, he arrived in the U.S. from Mexico on a temporary H-2B visa. Now, he's a green card holder, working behind the scenes at Churchill Downs. He speaks to us on a Sunday morning while taking a much-needed break. The good news he shares is that his two children, aged 16 and 12, arrived in the U.S. less than a year ago on green cards. They're now attending school and learning English.
SERRANO: (Through interpreter) I am advancing and achieving, thanks to God. Everything has been done legally. I am proud of it.
BUSTILLO: The H-2B visa he employed is for temporary seasonal work, including hospitality, landscaping, or work in the equine industry. Employers must reapply each year for their workers, and they may not obtain them because there's generally a cap of 66,000 visas annually. However, once they have workers, there are several reasons a boss might opt to sponsor green cards. In horse racing, the workers' skills grant trainers a competitive edge. Dallas Stewart is a trainer at Churchill Downs who's sponsored over 10 green cards.
STEWART: What's the motivation? I mean, we just help people. We help horses. It's the same individuals who have been with me for years. Aren't a lot of people doing it in this business?
BUSTILLO: Will Velie is a lawyer based in Oklahoma who specializes in equine labor. He's assisted numerous trainers across the nation with this process.
VELIE: I'm all about helping people maintain their legal status who come to the U.S. legally and obtain permanent residence and, ideally, citizenship.
BUSTILLO: He claims a new Biden-era regulation that went into effect just three days before Trump took office might make this easier. The new rule clarifies that an individual may apply for a green card while also holding a temporary work visa. Before, a temporary visa worker wanting permanent status might have been turned down. Lawyers like Nataly Mualem argue that's because showing intent to stay beyond their visa period could negatively impact their applications.
MUALEM: In consultations, it's been a breath of fresh air to be able to tell clients that we no longer need to worry about the nonimmigrant intent as we're proceeding through this process.
BUSTILLO: She says that seeking green cards for workers on temporary assignments could become more common as immigration enforcement under the Trump administration increases.
MUALEM: As there's an immigration crackdown, more employers will join the H-2B program as it will be their only alternative.
BUSTILLO: In fact, back at Churchill Downs, trainers like Ian Wilkes explain that one reason he goes through the green card process is because it could be more cost-effective in the long run, and it guarantees his workforce.
WILKES: Once they get on a green card, it works out in the long run 'cause the visas are quite costly.
BUSTILLO: To utilize the H-2B visa, one must first prove you can't find a domestic worker.
WILKES: The whole issue is I don't have any Americans knocking on the barn door looking for a job at 4:30 in the morning.
BUSTILLO: And even after they're on a visa, it doesn't get simpler. Here's Dale Romans, another trainer at Churchill Downs.
ROMANS: It's cumbersome. It's difficult. It's difficult to stay legal, and it's hard to plan for the future 'cause every year you're reapplying. Every 10 months, you're reapplying for new visas, and there's no guarantee that you're going to get them. There's a...
BUSTILLO: There's also a considerable wait for green cards. The processing time for this procedure could extend up to five years. However, as workers and employers see immigration enforcement get tougher, lawyers report more inquiries about the process. One of them is Herbert Cadona Maroquin, who is also on a work visa at Churchill.
CADONA MAROQUIN: (Through interpreter) The boss advises always to carry your papers. And if you don't have your papers, at least just a photo, for whatever might happen.
BUSTILLO: He states he wishes to attain a green card.
CADONA MAROQUIN: (Through interpreter) Many people have figured that out. So if one day I could, I would be incredibly happy.
BUSTILLO: And he's likely to join many others in seeking this pathway, as other avenues to legal migration tighten. Ximena Bustillo, NPR News, Louisville. Transcript provided by NPR, Copyright NPR.
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- The new Biden-era policy clarifies that an individual can apply for a green card while holding a temporary work visa, which could make seeking permanent legal status more popular in the realm of finance and business, especially in industries such as horse racing where skilled workers grant trainers a competitive edge.
- As immigration enforcement under the Trump administration increases, seeking green cards for temporary workers on work visas could become increasingly common in the political landscape as many find this as their only alternative to avoid potential policy-and-legislation crackdowns.
- In the world of general-news, legal experts have discussed the simplification of the process of seeking permanent legal status for people on work visas, proposing that this development may impact a wide range of sectors, including finance, business, and politics.
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