A group of bipartisan lawmakers is voicing concerns about the growing green card backlogs and the potential loss of highly skilled workers to other countries like Canada. To tackle this issue, they propose allowing all noncitizens with approved employment-based immigrant petitions to apply for adjustment of status on October 1, the start of the next fiscal year. This suggested change would also ensure that the administration receives enough applications to allocate all available green cards each year, granting immigrants the opportunity to pursue permanent residency despite the current employment-based visa backlogs.

Currently, highly skilled workers who are immigrants may face extensive waiting periods, impacting their quality of life and professional opportunities. The proposed solution offers much-needed flexibility, enabling them to change jobs, visit relatives, or even start businesses. Additionally, it may provide certain employment-based applicants with eligibility for employment authorization documents, allowing them to switch jobs or travel abroad without constraints.

This proposal is estimated to generate approximately $1.2 billion in fees, which U.S. Citizenship and Immigration Services could use to address the ongoing backlog.

The lawmakers call on the Biden administration to make all employment-based visas current in the Visa Bulletin as of October 1, granting those with approved employment-based immigrant petitions until October 31 the opportunity to apply for adjustment of status. This measure represents a significant step towards resolving green card backlogs and retaining valuable talent within the United States.

At ILBSG, we actively monitor ongoing proposals and policy updates to provide our clients with the right advice tailored to their individual immigration needs. If you have any immigration-related questions, don’t hesitate to contact us.