Today, in the face of the Great Resignation and global labor shortages, the United States is no more in a position that allows American businesses to recruit as much as they would have liked, or need. This is due to an immigration policy that is now considered obsolete and deters international talent. But for many, the "American dream" still exists. How easy is it to immigrate to the United States? Which profiles have the best chance of achieving their goal?
How to immigrate to the United States?
If the American dream is still alive in the minds of many prospective expatriates, the reality is less appealing. Immigrating to the United States remains a long and complicated process. To obtain a Green Card, which is the key to becoming a permanent resident in the United States, one must be patient.
The Green Card: An essential
The Green Card allows a foreigner to live and work in the United States without having to obtain a visa. This permanent resident card offers its holder almost the same rights as an American citizen, including schooling, health, work, retirement, and so on. But it doesn't automatically grant US citizenship. And since the right to vote is linked to American citizenship, Green Card holders cannot vote or serve as a juror in a trial.
The United States Citizenship and Immigration Services (USCIS) is the only issuant of the Green Card. It can be kept for life, but its validity period is subject to the reason for which it is granted. It also carries the option for the holder to apply for naturalization after 5 years.
How to obtain a Green Card?
There are 4 main ways of obtaining a Green Card. You can apply for work, for family reunification, or through the lottery, or as a political refugee or asylum seeker.
Employment-based Immigration to the United States
Is it easy to immigrate to the United States for work? In fact, it's quite the opposite! Just like the H1B work visa, the issuance of a Green Card on professional grounds is strictly regulated. As a matter of fact, the US government favors American citizens and has made the procedure tedious to discourage employers. Hiring a non-US citizen is a costly ordeal for companies, especially if the foreigner is not present on US soil. Actually, the Green Card for professional reasons concerns only a few rare and highly qualified profiles like:
- Researchers, scientists, or renowned professors.
- Professionals in arts, sports, teaching, or business.
- Owners or managers of multinational companies.
- Major investors in US companies (at least $1 million). Wealthy foreign investors must be job providers: they must target industries that create at least 10 jobs.
What about corporate sponsorship?
It is possible but tricky! To be sponsored by an American employer, you must have specific qualifications: at least a bachelor's degree or particular skills in your field. The job you are applying for must have required 2 years of training or experience. These criteria may seem easier to meet than those of highly qualified professionals, but in practice, they are just as difficult to justify.
Moving to the United States on family grounds
There are two main ways of obtaining a Green Card based on family ties: Via sponsorship by a family member or through marriage to an American citizen.
Any US citizen who is over 21 years old can sponsor a family member: parents, spouse, children, and siblings. The procedure is carried out on the website of the United States Citizenship and Immigration Services (USCIS - see link at the end of the article). Applicants must start by filling out the "petition for alien relative" form, then provide supporting documents regarding the family relationship and pay the $535 registration fees. If the procedure is successful, the family member holding the Green Card will be able to sponsor a relative.
Are you planning to marry an American national? For the lucky spouse, however, there will be no permanent Green Card, only a temporary one. According to the American government, marriage is a solution often used by foreigners to overcome the obstacles to the Green Card. The country is therefore tightening its rules and only issues a temporary card. If the marriage lasts more than 2 years, the Green Card will become permanent (valid for 10 years). In case of divorce within 2 years, the foreigner will not be able to apply for a permanent card. They will lose their benefits and will have to take other steps to stay legally in the United States (visa application, another Green Card application, etc.). When everything goes well, American citizens can sponsor their spouses. The spouse will be interviewed by an immigration officer who will assess whether or not the couple is genuine. The officer will then decide whether or not the 2-year temporary card can be granted to the applicant.
Immigrating to the United States through the lottery
The Green Card Lottery or Diversity Visa Lottery Program is probably the best-known way to get a Green Card. Each year, the American immigration services issue 55,000 Green Cards. But here again, the process can be complicated. Only nationals from countries that have not reached the immigration quotas set by the US authorities are eligible. This year, Brazil, Vietnam, Pakistan, Canada, South Korea and mainland China are excluded countries. The American authorities justify their practice. It seeks diversity, hence the title of its lottery program. The results are published online. Unsuccessful applicants can try their luck the following year if they still meet the criteria.
There are two prerequisites to participating in the lottery:
- Being a native of an eligible country.
- Having a bachelor's degree or have been employed for at least 2 years in the last 5 years in a specific sector (list at the end of the article).
Green Card for asylum seekers and political refugees
The fourth way to obtain a Green Card is to be recognized as an asylum seeker or political refugee. The application for affirmative asylum (Affirmative Asylum Process) is made on the USCIS website (link at the end of the article). The applicant must be present on American soil and fill out the application form on the USCIS website. Next, they will have an appointment with the Application Support Center (ASC) and the USCIS. The asylum officer will ensure that applicants meet the eligibility criteria and that they are not under an asylum ban before granting, or not, the status of refugee. If their status is validated, applicants may apply for a Green Card within one year. On the other hand, political refugees must apply within one year. The procedure for political refugees is also done on the US Immigration Services website (link at the end of the article).
Last year, the Biden administration promised to accept 125,000 refugees in 2022 (twice as many as in 2021) to "meet the needs generated by humanitarian crises in the world". Needless to say, this card is reserved for very specific people, and it remains difficult to obtain.
What are the most suitable profiles for immigrating to the United States?
The United States needs immigration as an integral part of its economic growth. But the country targets certain profiles like qualified foreigners. The latter have better chances than others to obtain their precious permit. Engineers, doctors, and innovative professionals are among the most sought-after profiles. International students with a high level of education and financial independence also stand the most chances as they are much less likely to fall into a precarious situation.
But how does the US attract and retain them? Because of the difficulty of obtaining a Green Card, the best candidates are turning to Canada or the United Kingdom. This problematic situation could do the trick for China, which is determined to become the world's leading power.
Do doctors still have the best profile to immigrate to the United States?
Medical professions have become a significant issue in the US since COVID; the number of patients has been soaring while the number of physicians is declining. According to the Association of American Medical Colleges, there could be a deficit of 38,000 to 124,000 doctors by 2034. Among the possible causes of this predicted shortage are more extended studies than in other countries, exorbitant tuition costs, and insufficient places in "residency programs" (post-doctoral fellowships required to practice) for the number of students. Funding for these programs depends on Medicare, the federal government's health insurance program. A law passed last year will make up for an additional 1,000 facilitation schemes starting in 2023, but it's still unclear whether that will be enough to fill the gap in the number of practitioners.
American professionals are overwhelmed. The US government is luring foreigners who, however, are discouraged by the complexity of the immigration process. Green Cards have a cap of only 140,000 reserved for foreign talent, around 7% per state. While in 2020, foreigners represented a quarter of the medical specialists working in the United States, they often hold only a temporary visa (J-1, the American working holiday visa, or H1B, the work visa). These foreign medical practitioners mostly work in rural areas with an apparent labor shortage. And even if they are eligible for the professional Green Card, there is no guarantee they will get it. The caps are an additional barrier for foreign doctors. But despite their involvement, foreign doctors have the feeling of not getting any preferential consideration. So yes, the US is looking for foreign doctors, but it seems they are not doing enough to attract and retain them.
Skilled foreigners prefer other wealthy countries to the USA. It's worth noting that more than a quarter of OECD doctors are of foreign origin; that is, they practice in a country other than their home country. While being a boon for rich countries looking for foreign talent, it is a huge headache for countries that are facing a serious brain drain.
Useful links:
United States Citizenship and Immigration Services
Family Immigration: Relative Petition for Alien
Lists of states excluded from the 2023 lottery
Lists of trades that require at least 2 years of training or experience
Seeking Asylum in the United States: Affirmative Asylum Process
