US green card remains elusive for many CEOs pursuing the American dream

The American dream, symbolizing opportunity and success, remains elusive for many foreigners including the chief executive officers (CEOs). Numerous CEOs and CTOs have posted on X discussing their contributions to the US economy and their inability to obtain a US Green Card.

The Permanent Resident Card, also known as the US Green Card, is a legal document granting permanent residents the right to reside and work in the United States. The typical route to U.S. citizenship after obtaining a green card is naturalization, which occurs when a person has been a lawful permanent resident (LPR) for at least five years. Other ways to get a Green Card is through family, employment, or investments in the American economy.

A country-based quota system, with only Congress having the authority to alter these restrictions, keeps the US Permanent Resident Card out of reach for many foreigners, including CEOs, who must endure an indefinite wait for one.

US immigration laws have specific requirements for issuing different immigrant visas. However, highly qualified CEOs managing billion-dollar companies and contributing immensely to the US economy also find themselves waiting in the queue for the green card.

Aravind Srinivas, CEO, Perplexity AI wrote on X, “I have been waiting for my green card for like the last 3 years. Still haven’t gotten it. People mostly have no idea when they talk about immigration.”

Aravind also posted a one-liner on X, “I think I should get a green card. Wdyt?” (Wdyt is What do you think). And Elon Musk’s single-word reply saying, ‘Yes’ sparked the debate around legal immigration to America.

There have been numerous other cases of persons who have contributed to the United States for several years but have been denied citizenship. Such ‘extraordinary’ or highly skilled foreigners are still finding it tough to get US citizenship.

Another post on X discusses how a Stanford MBA and MS graduate founded an electric car startup, raised $80 million, generated 100 jobs, and collaborated with major utilities and automakers. Despite international accolades, he struggles to remain in the United States.

The individual, marked ‘extraordinary’ by the US government, has to renew the O-1 visa annually and apply for an EB-1A green card but risks lengthy wait times due to an outdated immigration backlog.

In another incident, a green card application was surprisingly rejected by the US for no reason.

Yuchen Jin, Co-founder & CTO of Hyperbolic Labs, an AI startup. In an X post, Yuchen wrote, “USCIS just denied my US green card application claiming my work lacks impact “beyond that of Apple, Inc.” — even though they acknowledge that I am the Apple CTO. I have NEVER worked at Apple! I got my cs PhD, cofounded an AI startup, and raised $20M. Yet, after waiting an entire year, I’m rejected with this absurd reasoning.”

The U.S. Citizenship and Immigration Services (USCIS) offers O-1A and EB-1A visas for individuals with extraordinary abilities, expertise, or distinction, with O-1A visas for temporary employment and EB-1A visas for permanent residence.

The O-1A visa is a temporary one that requires agency or employer sponsorship, while the EB-1 visa is a permanent residency that does not require a job offer or agent.

U.S. immigration law provides foreigners with a variety of ways to become lawful permanent residents (Green Card) through employment in the United States. These employment-based (EB) “preference immigrant” categories include: First preference (EB-1) – priority workers, Second preference (EB-2), Third preference (EB-3) – skilled workers, professionals, or other workers.

Further, there is the employment-based (EB) “preference immigrant” category includes noncitizens who have invested or are actively in the process of investing $1,050,000 (or $800,000 in a targeted employment area or infrastructure project) in a new commercial enterprise that will benefit the U.S. economy and create at least 10 full-time positions for qualifying employees. These noncitizens are also called “EB-5 immigrant investors” because they are in the employment-based fifth preference visa category.

Congress imposes global yearly restrictions of 226,000 for family-sponsored preference Green Cards and 140,000 for employment-based Green Cards, with a per-country limit complicating the situation further.

The broad opinion emerging from the discussion on X is that persons who fit the extraordinary abilities requirements should be granted a US green card, and it is up to Congress to either relax the country-based cap or make required modifications to US immigration rules. Indian immigrants may have to wait more than 20 years, and in certain cases, more than 70 years, for a Green Card if nothing changes.