I came to the US in 2012 for pursuing a Masters degree in engineering. I did not initially have plans of settling down here but life happened, my friend circle grew here, I got more & more invested US, and I enjoy the culture here.

However 9 years after coming here legally, paying taxes, I still do not have a permanent residency (green card) in US! As I write this, it shocks me with an uncomfortable feeling of “what did I get myself into!”. When I came here, or even until 2016, I hardly knew that I would be stuck in a lifelong Green Card backlog simply because I was born in India. The US’s image as the progressive, educated country leading the free world never made me suspect such a toxic situation would exist.

Since 2015 I have been working in US on a work visa (H1-B) tied to my employer. Many of my life choices & decisions have been influenced by the bullshit immigration system. Despite being very qualified for various jobs that I was passionate about, my options were limited to employers that could sponsor a work visa. I could not take up work at small startups that wanted to hire me but could not because they lacked knowhow of filing a work visa. I wished I had a work permit (EAD card) that allowed me to freely switch employers; the kind of work permit that even students on F1 visa get temporarily after graduation; the same kind of work permit that even DACA beneficiaries get. I saw a glimpse of hope in a potential immigration reform suggested by then President Obama that would give EAD to those with an approved immigrant petition (i140), so I stayed on.

In 2016, I switched to my current employer (also on H1-B visa) as an Application Support Engineer for progressing my career. I strived to transition into a Software Engineer soon. My employer could have sponsored my immigrant petition for GC (i140) soon technically but because I wanted to change my role, did not. Why? because a different role voids the previously approved immigrant petition. So I waited till 2018 to change my role after which my immigrant petition was approved in 2019.

In the meantime, I could not switch employers, because ofcourse it would reset the 1-2yr long process of the immigrant petition. Meanwhile, my H1-B visa keeps expiring and requiring extensions. Even after being extended, to get the visa actually stamped on my passport, I have to go to a US Consulate in India. This means, I cannot leave & reenter US unless I visit India and get a visa consulate appointment first. Getting an appointment is another hassle that has months long wait. Even to extend the H1-B visa, I have to wait until 6 months of expiry. These months long waits pile up restrict my international travel plans severely. Seeing family back in India is hard or impossible.

The work visa has to be renewed every 2-3 years repeating the cycle of hassles. What’s worse is that every single time, my ability to stay in US is at the mercy of the officer behind the window at the US Consulate. If for any reason, they deny my visa renewal, I have to uproot my life in US & deport, despite having an approved immigrant petition. If only I weren’t born in India, I would have been a Permanent Resident already, onwards to become a citizen in 3 yrs or sooner. My driving license’s expiry date is tied to my visa, so I have to renew it every 3 years! The uncertainty of being allowed to live here permanently means I cannot easily make the decision to buy a house because what if I have to self-deport?

Being on a work visa tied to my employer, I am not allowed to take a break from work. I wanted to take a break for picking up new skills but I couldn’t, even after having an approved immigrant petition for green card! Some of my immigrant colleagues who were not born in India have had that basic freedom. I cannot even drive for Uber or Lyft because it is considered an employment other than what my work visa allows! I am technically not even allowed to earn any income from an active YouTube channel or selling handicrafts! I am forbidden from starting my own business or working with a friend on a startup. I have had to put a few business ideas on the backburner because of this. Being on an employer-tied work visa literally curbs creativity and contribution to the economy!

Exacerbating my condition is that I have been in a coast-to-coast long distance relationship, and my girlfriend (now wife) is also Indian on the same kind of work visa with the same kind of restrictions. The limitations on switching employers or taking a break from work have negatively affected my relationship.

I ask myself why do I continue living here in the US? Why not go back to India? It’s because I see some hope now & then. In 2016, I saw the hope for an EAD. In 2017, I saw the hope for merit-based immigration reforms which never got anywhere. In 2019-2020 I saw hope for GC backlog relief by removal of country-caps. I gave my best for advocacy for these reforms. Today, there may be some hope for GC backlog relief but at this point, my life has become very invested in US. I have spent 1/3rd of my life in US, my critical 20s. But at the back of my mind, there is always a possibility of uprooting life in the US and heading back to India or to Canada which is very welcoming to skilled immigrants.

The uncertainty & insecurity of life on a perpetual visa waiting for my green card is toxic. Without any immigration reforms, my wait time for a GC is so many decades long that practically I won’t get it in my life; unless ofcourse I have a kid born in US who would then sponsor my family-based GC when he/she turns 21. Is it worth it? I don’t know for sure, but it certainly is modern slavery, indentured servitude. It surely does not suit America, the land of free to treat legal immigrants this way.