A recent study has brought to light a concerning reality for around 400,000 Indians awaiting employment-based Green Cards in the United States—they may never receive their Green Cards during their lifetime. This group represents a portion of the more than 1 million Indians currently in the queue for Green Cards, officially known as Permanent Resident Cards, which grant individuals the privilege of permanent residency in the US.
According to the study conducted by David J Bier of the Cato Institute, an American libertarian think tank, the backlog of employment-based Green Card applications has reached a new high of 1.8 million cases. Among these cases, a staggering 1.1 million, or approximately 63 percent, are from India, while there is a backlog of 250,000 cases from Chinese applicants, accounting for 14 percent of the total.
The study highlights the existence of a country cap, which places a limit on the number of Green Cards granted to applicants from each country. No country can receive more than 7 percent of the total Green Cards issued.
The study further reveals that new applicants from India are likely to face a lifetime of waiting, with more than 400,000 potentially passing away before receiving their Green Cards.
The Green Card application process typically begins when an employer files a petition for a worker. If no Green Card slots are available under the country cap, the petition is placed on a waitlist until a spot becomes available. Only then can a worker file to adjust their status to permanent residence, which is the actual Green Card application.
A similar process exists for investors and employment-based “special immigrants,” which includes Afghan interpreters, among others.
As of March 2023, the study reports that there were 80,324 pending employment-based petitions, representing around 171,635 individuals, including spouses and minor children of the workers. Additionally, 1.3 million applicants were on the waitlist, and there were pending adjustment of status applications.
Some employment-based immigrants were also waiting for immigrant visa adjudications at consulates abroad, although the State Department does not provide specific data on the number of these cases.
The study notes that there are also petitions within the backlog filed on behalf of the same individual, leading to some double counting. Furthermore, there is a backlog of 123,234 permanent labor certification applications, which marks the initial step in the employment-based Green Card queue.
Over half of the backlog falls within the EB-2 category, designated for employees of US businesses with advanced degrees. Another 19 percent are in the EB-3 category, intended for employees with at least bachelor’s degrees. The EB-4 category for “special immigrants” (such as Afghan and Iraqi interpreters, individuals with various US government affiliations, and abandoned children) accounts for approximately 13 percent, while 6 percent pertain to EB-5 major investors.
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