The employment-based green card backlog reached a new record of 1.8 million cases, according to the CATO Institute. This backlog is caused by a number of factors, including annual quotas for green card issuance, per-country limits, and administrative processing delays.
The backlog has a significant impact on highly skilled immigrants, who are forced to wait years, or even decades, for their green card applications to be approved. During this time, they may face uncertain futures, restrictions on career mobility, and the possibility of having to leave the United States when their temporary visas expire.
The backlog is particularly severe for Indian nationals, who are subject to a per-country limit of 7% of the annual green card quota. There are currently over 1.1 million Indian nationals in the backlog, and new applicants face a lifelong wait. CATO estimates that over 400,000 Indian nationals will die before receiving their green card.
The employment-based green card process can be broken down into a series of stages. The initial stage is the petition pending stage, which reflects the initial submission by the employer. Once the initial submission is approved, the next step depends on whether there is a green card or immigrant visa available. If there is no availability, the petition moves to the waitlisted stage, where it waits for the employee’s priority date to become current and a visa to become available. Once a visa becomes available, the employee may file an adjustment of status application, which moves the case to the pending green card application stage.
As of March 2023, there were over 80,000 employment-based petitions in the pending status stage, representing over 170,000 individuals. An additional 1.3 million are in the waitlisted stage, and over 280,000 petitions were waiting for adjustment of status applications. Further backlogs exist at consulates abroad, but the number is unknown. There is also a backlog of over 120,000 permanent labor certification applications.
The breakdown of the backlog by category is as follows:
- Over 50% are in the EB-2 category for U.S. employer staff with advanced degrees
- 19% are in the EB-3 category for those with a minimum of a bachelor’s degree
- 13% are in the Special Immigrants EB-4 category
- 6% are for EB-5 major investors
- 3% are in EB-3O, other roles that do not require a college degree
The breakdown of the backlog by country of origin is as follows:
- 1 million are for individuals from India
- 250,000 are for Chinese individuals
- Roughly 180,000 are for those from the Northern Triangle countries, which includes Guatemala, Honduras, and El Salvador.
Addressing the employment-based and family-sponsored green card backlog is a complex issue that requires legislative action. Comprehensive immigration reform is essential to create a fair and efficient system that aligns with the needs of the U.S. job market.
Conclusion
The employment-based green card backlog is a significant problem that has a devastating impact on highly skilled immigrants and their families. Comprehensive immigration reform is essential to address this problem and create a fair and efficient immigration system.
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