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.
Common Challenges Faced by Employment-Based Green Card Applicants
1. Long Processing Times and Backlogs
One of the most significant hurdles is the extended processing times and backlogs associated with employment-based green cards. The U.S. immigration system has been criticized for its slow processing speeds, which can leave applicants waiting for years. In fiscal years 2022 and 2023, despite record numbers of employment visas being allocated, demand still outstripped supply, leading to a backlog that affects all categories of applicants.
2. Complex Labor Certification Process
Before applying for a green card, many applicants must go through a labor certification process. This requires employers to prove that there are no qualified U.S. workers available for the position being offered. This process can be tedious and requires meticulous documentation, making it a common stumbling block for applicants.
3. Inflexible Visa Caps
The employment-based immigration system is constrained by annual caps on the number of visas issued. Currently, only 140,000 green cards are available each year for employment-based categories, which has resulted in significant wait times, especially for nationals from populous countries like India and China. This inflexibility creates an environment where many qualified applicants may find themselves waiting indefinitely.
4. Requests for Evidence (RFEs)
Applicants often receive RFEs from U.S. Citizenship and Immigration Services (USCIS), which request additional documentation or clarification regarding their application. Responding to these requests can be time-consuming and requires a thorough understanding of immigration laws to maintain the momentum of the application process.
5. Employment Changes
Changes in employment status during the application process can complicate matters significantly. If an applicant changes jobs or employers, it may affect their visa status and require additional steps to update USCIS about their new situation. This can lead to further delays and complications in securing a green card.
6. Navigating Preference Categories
The employment-based green card process operates under a preference system that categorizes applicants based on their qualifications and job nature. Understanding these categories and aligning one’s application accordingly is crucial yet challenging, as each category has its own set of requirements
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.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the U.S. straightforward and successful. Whether you’re applying for an Asylum Status or a Family Green Card, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. You can call us today at +234 812 5505 986 to learn how we can help you.
