Over one million Indians are currently stuck in employment-based immigration backlogs, according to data from the U.S. government. The figures from the U.S. Citizenship and Immigration Services reveal that many highly skilled Indian professionals are facing potentially decades-long waits to obtain permanent residency, also known as a green card, due to a combination of per-country limits and low annual quotas.
These prolonged waits not only disrupt the lives of individuals and families but also impede America's ability to attract and retain top talent.
What data says
According to a Forbes report, a study conducted by the National Foundation for American Policy (NFAP) of USCIS data shows that over 1.2 million Indians, including dependents, are waiting in the top three employment-based green card categories as of November 2, 2023. This backlog includes individuals in the first, second, and third preference categories, representing professionals with extraordinary abilities, outstanding professors, researchers, multinational executives or managers, professionals holding advanced degrees, and skilled workers.
NFAP's analysis estimates the number of dependents based on the ratio of employment visa principals to dependents in previous fiscal years, although this may underestimate the actual number of dependents for Indians due to their longer waits in the backlog, making them more likely to have spouses and children.
Without intervention from Congress, the backlog is projected to escalate further. A report by the Congressional Research Service in 2020 estimated that by 2030, the backlog for Indians in the top three employment-based green card categories could surpass 2.1 million individuals and take nearly two centuries to clear.
Challenges and Impact The long wait times for employment-based green cards stem from two key components of U.S. law: the annual limit on employment-based green cards, set at 140,000, and the per-country limit of 7%. This per-country limit disproportionately affects highly skilled professionals from countries with larger populations, such as India, China, and the Philippines.
Indians, in particular, have been severely impacted by these provisions. Despite the high demand for technical talent in the U.S., only a fraction of Indian immigrants received employment-based green cards in recent years due to the per-country limit.
May Visa Bulletin
Indians waiting for green cards in the employment-based second preference category must have filed their applications before May 15, 2012, to be eligible. However, it's important to note that the dates in the Visa Bulletin for Indian applicants often do not progress monthly and may even regress at times.
This contrasts with the situation for Chinese applicants, whose cutoff date in the May 2024 Visa Bulletin is June 1, 2020. Similarly, applicants from the rest of the world must have filed their applications by February 15, 2023, to be eligible for a green card in the second preference category.
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