United States President Donald Trump, living up to his populist appeal, decided to suspend the issuance of both H1B Visas and Green Cards till the end of 2020. The decision, he said, is aimed at bringing jobs back to Americans at a time when unemployment has peaked in the US. Amid mounting criticism from industry experts against Trump's decision, it remains intriguing to look at the basic differences between the two immigration documents.
H1B Visa vs Green Card: By Definition
H1B visa is one of the foremost document being applied by a person who aims to settle in the US for employment purpose. The document is linked to "sponsor" or job-provider, who has to prove to the immigration department that the skills of an overseas worker is required in his or her organisation. Trump Suspends H1B And Other US Work Visas Till End of 2020; Here's How It Will Affect Workers From India.
Green Card, on the other hand, designates the holder as a permanent resident of the US. The document is issued to a person based on employment record, marriage to an American national, through lottery system or if he or she has proved to be a persecuted refugee who requires asylum.
Difference on Basis of Validity
The H1B visa can remain valid for a period of six years. The document is initially issued for three years, and can be renewed for another three years based on the employer's request. After the visa expires, the immigrant is required to leave the United States.
The Green Card, on the other hand, grants a person permanent residency in the US. It also paves the way for citizenship as a person who holds the Green Card for five years can seek to register himself/herself as a "citizen of the US" - provided that they hold no criminal record.
Employment Opportunities
H1B visa is authorised only on employer's request, and will turn invalid if the beneficiary loses his employment and fails to find another job under the H1B visa programme under a stipulated period of time. The employment opportunities, therefore, are limited as only a select-companies in the US - mainly the IT giants - use the H1B visa programme to recruit workers.
On the contrary, a person holding a Green Card can work in any part of the United States, and will continue to remain a permanent resident even he or she loses employment. All employers will remain open to hiring those with Green Cards, as compared to H1B visa holders whose employment requires approval from the Immigration Department.
Can Both Pave Way For US Citizenship?
The H1B visa programme, experts say, ultimately paves for the Green Card. The latter is essential for applying for the US Citizenship. In other words, an immigrant arriving in the US - with no marital relation with an American national and neither being designated as a political refugee - will have to apply for the H1B visa programme to eventually seek a Green Card.
The person's employment track record will then prove to be the basis on which the Green Card could be issued or rejected. Once the Green Card is issued, the citizenship of United States can be sought in another five years.
Rights of H1B Visa and Green Card Holders
H1B visa holders are granted only limited rights, which ensure their right to employment as per the immigration policy, security and use of public resources. They are tagged as "legal aliens" and do not enjoy the same rights as that of an US citizen. Their outbound travels are also restricted - in terms of destinations and number of visits - and they have to report to the US consulate on each foreign visit.
The Green Card holders share most rights as conferred upon the US citizens, except for the right to vote in elections. A holder of the Green Card can also be deported back to the his or her nation of origin, if convicted in certain cases of crime.
To conclude, the H1B visa and Green Card are two immigration documents, but weigh differently. While the latter is more powerful and paves way for the permanent settlement in the United States, the H1B programme only permits the employment of a skilled overseas worker. Suspending both of them, however, would hit the immigrants on American soil and may also lead to several among them returning back to their origin-countries.
(The above story first appeared on LatestLY on Jun 24, 2020 01:23 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).