As one of the most popular countries for studying abroad, many international students hope to stay and work in the U.S. after graduation. In the past, major tech companies were the primary targets for foreign students, one important reason being that they could sponsor green card applications; however, many large tech companies in the U.S. have recently canceled their sponsorship for green cards. So, what should international graduates do to legally stay in the U.S. from studying to employment? How can they bridge the identity gap and break through identity barriers?
Recently, according to U.S. media reports, American e-commerce giant Amazon announced that it will suspend sponsorship for new U.S. green card applications for foreign employees. Earlier this year, Amazon had already issued an internal notice to suspend all new PERM applications until the end of 2024.
Amazon explained in a memorandum that, in light of the review results regarding "labor market conditions and immigration requirements," they decided to extend this decision until the end of 2024. The memorandum stated: "We have determined that we cannot continue to submit PERM applications. We know this will be disappointing, but this is not a decision we made lightly."
PERM is a permanent labor certification program managed by the U.S. Department of Labor, designed to ensure that the entry of foreign employees into the U.S. does not adversely affect the job opportunities, wages, and working conditions of U.S. employees. The PERM labor certification is the first step for H-1B visa holders to apply for a green card. The employer applies on behalf of the employee, and once approved, the company will continue to file the I-140 employment-based immigration application, allowing the applicant to submit the I-485 adjustment of status application to the immigration bureau, and subsequently obtain the green card. H-1B visa holders can work in the U.S. for a maximum of six years, and if they have not changed their status or have been laid off before the expiration of the visa, they must leave the U.S.
The H-1B work visa not only requires a lottery but also cannot be automatically converted to a green card; it is always a temporary identification and highly dependent on the qualifications and willingness of the U.S. employer. Whether to apply for a green card and when to apply is entirely at the discretion of the employer.
Amazon, which has many foreign employees, has always sponsored a large number of H-1B work visas; however, Amazon's cessation of PERM applications directly blocks many foreign employees' paths to obtaining a U.S. green card.
In recent years, layoffs in the U.S. tech industry have been frequent, and many large tech companies have canceled their sponsorship for green cards (PERM). For example, Google has suspended PERM applications starting in 2023, extending to 2025, and possibly even to 2026... Large layoffs and the suspension of PERM have left those without status in the U.S. trembling with fear.
For overseas individuals living in the U.S., being able to stay in the U.S. is of utmost importance. Obtaining a green card ensures stable employment and life in the U.S. In the current policy, the EB-5 method is a fast track to obtaining a green card. It not only allows for immediate green card acquisition without waiting periods but also enables applicants to submit the I-526E investment immigration application simultaneously with the I-485 adjustment of status application, as well as the work permit/re-entry permit application. Applicants can legally stay in the U.S. during the waiting period for green card approval, study and work without employer sponsorship, and enjoy the freedoms of a quasi-green card.
Immigration has two key elements—timing and choice. The EB-5 "dual submission" window for no waiting period is fleeting; seize the opportunity to catch the last train! For investors with a rigid demand for immigration to the U.S., the rural projects in the EB-5 reserved visa channel are currently the preferred way to quickly obtain a U.S. green card.
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