AYESHA RASCOE, HOST:
Right before President Trump took office again, a new rule at the Department of Homeland Security kicked into gear. The rule clarifies that someone who's here on a work visa can also use that time to apply for a green card. Lawyers say this makes it easier to seek permanent lawful status. As NPR's Ximena Bustillo reports, while many pathways to legalization are closing, this one might become more common.
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XIMENA BUSTILLO, BYLINE: On the back of the Churchill Downs racetrack in Kentucky, hundreds of workers can be seen weaving in and out of the white barns. The 1,000-pound thoroughbred racehorses peep from the stable doors, waiting for someone to lead them out for a bath. And one of the workers in charge of caring for the prized animals is Gerardo Serrano (ph).
GERARDO SERRANO: (Through interpreter) I love horses. In my country, in my town, I work with animals, horses, too, and other kinds of animals.
BUSTILLO: About 12 years ago, he came to the U.S. from Mexico on a temporary H-2B visa. He now works on the backside of Churchill Downs, and he's a proud green card holder. He talks to us on a Sunday morning as he takes a break. He has good news to share. His two kids, ages 16 and 12, arrived in the U.S. less than one year ago on green cards. They're in school and learning English.
SERRANO: (Through interpreter) I am getting ahead and succeeding, thanks to God. Legally. Everything has been legally. I'm proud of it.
BUSTILLO: The H-2B visa he used is for temporary seasonal work, such as in hospitality, landscaping or working in the equine industry. Employers need to reapply each year for their workers, and they may not get them because there's generally 66,000 annual cap. But once they have workers, there are many reasons a boss may want to help sponsor green cards. In horse racing, the workers' skill gives trainers a competitive edge. Dallas Stewart is a trainer at Churchill Downs, who's sponsored over 10 green cards.
DALLAS STEWART: Watch my incentive? I mean, it's just what we do. We help people. We help horses. You know, same people have been with me for years. I mean, aren't a lot of people doing it in this business?
WILL VELIE: I pretty much put myself out of business with Dallas.
BUSTILLO: Will Velie is a lawyer based in Oklahoma who specializes in equine labor. He's assisted many trainers across the country with this process.
VELIE: I try to help people maintain their legal status who come to the United States legally and obtain permanent residence, and hopefully citizenship.
BUSTILLO: He said a new Biden-era regulation that took effect just three days before Trump took office might make this easier. The new rule clarifies that someone could apply for a green card while also being on a temporary work visa. Before, a temporary visa worker wanting permanent status might get rejected. Lawyers like Nataly Mualem (ph) say that's because showing intent to stay beyond their visa limit could hurt their applications.
NATALY MUALEM: In consultations, it's been a breath of fresh air to be able to tell clients that we need not worry about the nonimmigrant intent as we're going through this.
BUSTILLO: She said that seeking green cards for workers here on temporary assignments could become more common as the Trump administration arrests workers without authorization.
MUALEM: As there's been immigration crackdowns, more employers will be joining the H-2B program because that's going to be their only alternative.
BUSTILLO: In fact, back at Churchill Downs, trainers like Ian Wilkes say one reason he goes through the green card process is because it might be cheaper in the long run, and it guarantees his workforce.
IAN WILKES: Once they get on a green card, it's - it works out in the long run 'cause the visas are quite expensive.
BUSTILLO: In order to use the H-2B visa, you have to first prove you can't find a domestic worker.
WILKES: The whole issue is I don't have any Americans walking in the barn looking for a job at 4:30 in the morning.
BUSTILLO: And even once they're on a visa, it doesn't get easier. Here's Dale Romans, another trainer at Churchill Downs.
DALE ROMANS: It's cumbersome. It's difficult. It's difficult to stay legal, and it's hard to plan for the future 'cause every year you're reapplying. Every 10 months, you're reapplying for new visas, and there's no guarantee that you're going to get them. There's a...
BUSTILLO: There's also a delay for green cards. The wait time to move through that process could be up to five years. But as workers and employers see immigration enforcement get stricter, lawyers say more are asking about the process. One of them is Herbert Cadona Maroquin (ph), who is also on a work visa at Churchill.
HERBERT CADONA MAROQUIN: (Through interpreter) The boss says always carry your papers. And if you don't have your papers, at least just a photo for whatever might happen.
BUSTILLO: He said he wants a green card.
CADONA MAROQUIN: (Through interpreter) Many people have sorted that out. So if one day I could, I would be incredibly happy.
BUSTILLO: And he's likely to join many others in seeking this pathway, as other paths to legal migration narrow. Transcript provided by NPR, Copyright NPR.
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