According to recent data from the U.S. Citizenship and Immigration Services (USCIS), more than 1.2 million Indians are currently waiting for employment-based green cards. These highly skilled professionals, along with their families, face potentially decades of waiting before they can obtain permanent residency due to the overwhelming green card backlog.
What the Data Reveals
The latest USCIS data, analyzed by the National Foundation for American Policy, provides a snapshot of the current employment-based green card backlog as of November 2, 2023. This backlog specifically affects applicants in the first, second, and third employment-based green card categories (EB-1, EB-2, and EB-3). Here’s a breakdown:
| Employment-Based Category | Primary Applicants | Dependents | Total Applicants |
| EB-1 (Extraordinary Ability) | 51,249 | 92,248 | 143,497 |
| EB-2 (Advanced Degree) | 419,392 | 419,392 | 838,784 |
| EB-3 (Skilled Workers/Professionals) | 138,581 | 138,581 | 277,162 |
| Total | 609,222 | 650,221 | 1,259,443 |
Source: USCIS, National Foundation for American Policy.
Why the Backlog Exists: Key Policy Factors
Two major immigration policies have contributed to this significant backlog of Indian applicants:
Annual Cap on Employment-Based Green Cards:
Since 1990, U.S. law has capped the number of employment-based green cards that can be issued annually at 140,000 (including dependents). This cap applies to all countries combined, making it harder for any one nation, including India, to process applications promptly.
Per-Country Cap:
The 7% per-country limit means no one country can receive more than 7% of the total number of green cards issued each year. Given the large number of applicants from countries like India, China, and the Philippines, these nations face the longest delays due to the per-country cap.
The Impact of the Backlog: Challenges for Indian Workers
The massive green card backlog has far-reaching consequences for Indian workers and their families:
Long Wait Times:
Indian workers often spend many years in a state of immigration limbo, relying on their work visa status to stay in the U.S. Despite having been employed in the U.S. for years, many workers are at risk of having to leave the country if they lose their jobs or face issues maintaining their H-1B status.
“Aging Out” of Dependent Status:
Children of Indian workers who are on work visas can also face difficulties. If their parents don’t secure a green card before the child turns 21, they risk losing their dependent status, leaving them without legal residency.
Emotional Toll:
The uncertainty surrounding the green card process creates significant stress for families, especially for those who have been in the U.S. for long periods and feel as though their futures are on hold.
Impact on U.S. Businesses:
Companies that rely on foreign talent may also feel the strain. The long wait times and uncertainty surrounding green cards can make it harder for U.S. employers to retain highly skilled workers. This not only affects productivity but can also lead to talent shortages in critical sectors like technology, healthcare, and engineering.
What’s Ahead? The Backlog’s Future
Without substantial changes to U.S. immigration policy, the backlog is likely to keep growing. According to a 2020 report by the Congressional Research Service (CRS), the green card backlog for Indian applicants could exceed 2 million by 2030. Furthermore, the backlog could take an astonishing 195 years to clear completely, assuming no changes are made to current immigration laws and policies.
The green card backlog for Indian nationals is a serious issue affecting not only workers and their families but also U.S. businesses that depend on skilled immigrant talent. With wait times stretching for decades, urgent immigration reform is needed to address these challenges. Until then, companies and workers alike need expert guidance to navigate the complexities of the U.S. immigration system.
Law and Visas is committed to helping organizations and foreign workers succeed in this complicated process, ensuring compliance and building long-term immigration strategies that keep businesses competitive and employees secure.
