By J. Lavetsky, Esq.
Beacon Immigration PLLC
September 30, 2023
In a recent piece in USA Today, a young immigrant describes his difficult immigration pathway in the U.S. and how he was ultimately forced to leave. Like the other approximately 200,000 Documented Dreamers in the U.S., the author grew up on a patchwork of short-term visas, brought to the country as a dependent on his parents’ temporary work visas.
Upon reaching the age of 21, these Dreamers become adults and are no longer eligible for dependent visa status, and must secure their own visa. Since the U.S. immigration system is such a mess, many of these Dreamers must ultimately go back to their passport country after they are unable to renew or change their immigration status.
Let’s discuss this article in greater detail and determine what it says about the U.S. immigration system.
Laurens’s Story
Laurens Van Beek was brought to the U.S. in 2005 by his parents from the Netherlands. His parents secured visas through their operation of a jewelry store in Iowa. Laurens held a visa as a dependent on his parents’ immigration case until he aged out at the age of 21, at which point he was forced to change to an employment-based immigration status. In 2022, his status expired, and he was unable to continue in lawful immigration status. He now lives in his home country of the Netherlands.
Analysis
The USA today article doesn’t go into details regarding which specific visas Laurens and his family held, but we can infer. It seems that Laurens’ parents likely held E-2 investor status by operating a jewelry store and investing a substantial amount of money in the U.S. If so, they were and are able to renew their E-2 status indefinitely, every two years, so long as they continue to operate their business.
Laurens likely also held E-2 status as a dependent through his parents until the age of 21, during which time he was allowed to work and study. After turning 21, he would have needed to change his immigration status since he was no longer eligible to use his parents’ status as an adult. It seems that he may have been able to obtain Optional Practical Training (OPT) or Curricular Practical Training (CPT) work authorization after graduating from university, including a possible extension through his Science, Technology, Engineering, and Mathematics (STEM) degree and his work in the biotech field in Iowa.
Unfortunately, Laurens’s work authorization ran out after a few years in 2022, and he was not selected in the H-1b lottery that year. His immigration status thus expired, and he now works for his U.S. employer at their satellite office in the Netherlands.
Missed Opportunities
Laurens’s story is a clear example of how the U.S. immigration system needs reform. Many other countries generally welcome talented professionals who graduate from their universities to stay permanently. Canada, for example, offers a pathway to permanent residence and eventual citizenship for foreign students who graduate from a Canadian university.
There are many areas in which the U.S. immigration system needs reform, but welcoming talented, educated professionals such as Laurens would be a start. It makes no sense for the system to not provide a reasonable pathway to citizenship for international students who graduate from a U.S. university, particularly in STEM or other high-value fields.
Consider also the situation of Laurens’s parents. They seemingly are still forced to renew their E-2 investor status every two years, but have not yet become green card holders or citizens after nearly 20 years in the U.S. This is a fragile situation. For example, if their business suffers financially, USCIS might decide not to approve their E-2 renewal the next time around. After a certain amount of time, say five years, there should be a pathway for such immigrants who are contributing to the economy to be able to apply for a green card and eventually American citizenship.
The article also mentions that Laurens was not selected for the H-1b visa program in 2022, at which point his immigration status expired and he was forced to self-deport the U.S. This is because the chances of being selected in the H-1b lottery are less than 20% currently; in 2023, for example, more than 700,000 lottery entries were logged for only 85,000 available H-1b visas.
The H-1b visa requires that the applicant have a bachelor’s degree; the program thus attracts highly educated and talented professionals. Wouldn’t it therefore make sense to eliminate the 85,000 cap, and offer a pathway to permanent residence for H-1b visa holders after, say, a few years? As green card holders and eventually American citizens, these professionals would be paying taxes in the U.S. instead of back home, contributing to the U.S. economy and starting families. Why should they use their education and talent back home, rather than in the U.S.?
Americans in All But Letter
Laurens unfortunately decided to return to Europe, but he should be back in the U.S. His story shares similarities with other dreamers who were brought to the U.S. as children, and who have spent most of their lives here. Let’s hope that Laurens can eventually find a way back to his home in the U.S.
If you are struggling to regularize your immigration status and need trusted legal expertise, please get in touch with Beacon Immigration today: +1 845.288.2435 / beaconimmigrationlawyer@gmail.com.
Beacon Immigration PLLC is a law firm located in the Hudson Valley of New York at 6 Eliza Street, Suite 5, Beacon, NY 12508 (Dutchess County).
