Indian workers in the United States who are seeking an employment-based green card are facing an incredibly long wait — some may have to wait up to 134 years, according to a recent analysis by the Cato Institute, a libertarian think tank. This backlog is a result of the U.S. government’s annual cap on employment-based visas and the 7% per-country limit that restricts how many applicants from each country can receive a green card each year.
The situation is particularly dire for Indian workers, with more than 1.1 million cases in the backlog, out of a total of 1.8 million employment-based green card cases. This means that a vast majority of the people stuck in the backlog are from India.
Why is the Wait So Long?
The U.S. has an annual cap of 140,000 employment-based green cards for workers, which includes family members, but the number of applicants far exceeds this limit. In addition to this cap, the 7% per-country limit means that no single country can claim more than 7% of the total available visas, regardless of how many applicants there are from that country. For countries with large populations of skilled workers, like India, this creates a huge backlog.
As of March 2023, 80,324 employment-based petitions were backlogged, impacting 171,635 applicants (including family members). On top of that, there were 1.3 million people waiting on a green card list, and 289,000 people in the process of adjusting their status. The U.S. State Department has not publicly shared the exact number of people waiting for visa processing at consulates and embassies abroad, though these numbers add to the overall backlog.
How Bad Is the Backlog for Indian Workers?
For applicants from India, the wait time is especially extreme. The backlog has caused delays for both workers in the EB-2 and EB-3 categories, which are for individuals with advanced degrees or a bachelor’s degree, respectively. The Cato Institute estimates that for new applicants in these categories, the wait can be as long as 134 years.
To put this in perspective, this backlog means that many workers could never receive their green cards, as 424,000 applicants are estimated to die while waiting for their turn.
How Are Other Countries Affected?
While the Indian worker backlog is the largest by far, other countries are also contributing to the overall delay. Nearly 250,000 cases come from China (14% of the total backlog), while the Northern Triangle countries of El Salvador, Honduras, and Guatemala add about 10%, mostly in the EB-4 category for special immigrants such as Afghan and Iraqi interpreters.
The Breakdown of the Backlog
The majority of the green card backlog falls under the EB-2 category, which is for workers with advanced degrees (e.g., Master’s, Ph.D.). Approximately 19% of the cases are from the EB-3 category, which is for workers with a bachelor’s degree, and about 13% of the backlog is from the EB-4 category for special immigrants. Additionally, EB-5 investors, who are wealthy individuals investing in U.S. businesses, account for 6% of the cases.
What Does This Mean for Indian Workers?
For the majority of Indian applicants, the long wait means that their chances of receiving a green card in their lifetime are slim. According to Cato, more than 400,000 Indian workers currently in the green card backlog may never see their applications approved because of how long they would have to wait. Indian workers hoping for a green card are essentially facing a life sentence of waiting, with no clear end in sight.
Why the Green Card Wait Is a Serious Issue
The long wait times for Indian workers seeking green cards are having real-life consequences. Many of these workers are highly skilled professionals who are crucial to the U.S. economy. However, they face personal, financial, and professional uncertainty as they wait years or even decades to receive their permanent resident status. The U.S. immigration system’s limits are not only frustrating but also detrimental to the country’s workforce, especially when it comes to keeping talented individuals in the U.S.
The Indian worker backlog highlights serious issues in the U.S. immigration system, particularly the 7% per-country cap and the annual visa limits. To address these delays, many experts believe that immigration reform is necessary to ensure that the system is fairer and more efficient. Until then, Indian workers will continue to face a frustrating and lengthy wait for green cards, potentially missing out on the opportunity to build a permanent life in the U.S.
