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the top schools in the United States, I will surely
have no difficulty in landing my dream job. But I
was wrong. Though I had almost no issues getting
i nter v ie w s a nd adv a nc i ng to se cond a nd t h i rd
rounds, I would then be asked the dreaded question:
whether or not I had a permit to work in the United
States. I would answer that I did not have a work
permit and expected that my prospective employer
would sponsor me. I remember how the face of the
interviewer would change at that moment. I would
not hear from them again until the rejection letter
would arrive in my mailbox. They usually would
let me know that, even though they thought I was
talented and would most likely be an asset for their
firm, the position they were interviewing for would
necessitate a different skillset. Deep down, I knew
what that skillset was called: “a green card.”
CHANGING OF THE TIMES
Let’s not forget, that was the mid-eighties, and, unlike
today, there were no quotas for the H-1B visa. All that
the employers had to do was to accept me to work on the
OPT, otherwise known as Optional Practical Training
and switch my status to H-1B as soon as possible. 1
Then, they would move toward the labor certification
procedure by collecting data of unique abilities that
I had – abilities that were not immediately available
with other potential employees who already had work
authorization. I remember interviewing in one of the big
American banks on Wall Street. The interviewer noticed
that I was a foreign student from the Middle East. He
told me that they would be delighted to hire me, send me
back to my home country, and in 10 years there would be
a chance, greater than zero percent, that I could come
back and work in New York in the same firm. I was polite
and did not answer him.
Back then there was no EB-5 program. Even if I had
had the financial means, I would not have been able to
take advantage of this wonderful program that exists
today. Thankfully, in the end, I did find an employer who
believed in my talent and was willing to sponsor me
from the H-1B all the way to the green card. Because of
my rare success story, I’ve become very passionate about
this topic. I think about all the international students
...applying for the EB-5
early on so that adjustment
of status can be achieved
before any unlawful days
are accrued is of utmost
importance today.
”
Aside from family-based
“ immigration,
EB-5 is most
likely the fastest option
of getting U.S. permanent
residence status.
who, upon graduation, do not have green cards. Even if
they graduate from one of the best universities in the
United States, they are often forced to return to their
home country before having a chance to get practical
training for a job in their area of specialization. Foreign
students with green cards, on the other hand, have a
much greater advantage over those who do not. OPT is
very limited in terms of its duration. Companies also do
not typically want to hire and train recent graduates only
to see them leave after a year or two.
Students desperate to get a job in order to utilize their
OPT option oftentimes settle for jobs that are not
appropriate with their academic experience and the
area of expertise in which they are seeking to be trained
in. Green card holders can choose from among job
offers they receive in their field in line with their career
development goals and academic standing. This will
enable them to make decisions based on their desired
position, salary and geographic location. Students who
do not have green cards unfortunately do not have this
option. Even innovative ideas such as the Obama Era’s
“start-up visas” to encourage foreign entrepreneurship
was cancelled by the Trump Administration. 2, 3
PRACTICAL SUGGESTIONS HOW
INTERNATIONAL STUDENTS CAN EMBARK
ON THEIR VISA JOURNEY & AVOID
PITFALLS ALONG THE WAY
Why is EB-5 a better choice than trying to obtain
an H-1B or E-2 visa? H-1B denials and request for
evidence (RFEs), delays in processing times have all
increased in an alarming rate in the current political
climate and resulting immigration regime. 4 Aside
from family-based immigration, EB-5 is most likely
the fastest option of getting U.S. permanent residence
status. 5 Each countr y can send 700 applications
annually before retrogression, also called quota
backlogs, could become a problem. Unfortunately,
that is exactly what happened with applicants born
in mainland China and, to some extent, to those
born in Vietnam. There has recently been some talk,
that applicants born in India may potentially face
retrogression soon. Candidates from other countries,
however, have no such worries at the moment.