Indian Professionals in Massive Green Card Backlog Crisis

Key Takeaways:

• Over 1.2 million Indian professionals face decades-long waits due to green card backlog in the US.
• Delays stem from per-country limit and annual quota issues, affecting job stability and US competitiveness.
• Reform efforts blocked; impact on career growth and US talent attraction highlighted; individuals advised to stay informed and advocate.

What Is the Current Status of the Green Card Backlog for Indian Professionals?

The predicament of over 1.2 million Indian professionals caught in the US immigration system’s green card backlog is alarming. These individuals, highly skilled and often integral to industries reliant on technical and exceptional talent, find themselves in a decades-long wait for permanent residency. The root causes of this backlog are multifaceted, including a per-country limit and a relatively low annual quota set for employment-based green cards.

According to recent data reported by Forbes and sourced from the US Citizenship and Immigration Services (USCIS), this backlog includes professionals waiting under three primary employment-based categories: EB-1, EB-2, and EB-3. As of November 2, 2023, a breakdown shows that these categories encompass a significant number of individuals:
– EB-1 (First Preference): This category includes individuals with extraordinary abilities, outstanding professors and researchers, as well as multinational executives. The total number stuck in this queue is approximately 143,497, including dependents.
– EB-2 (Second Preference): This includes those holding advanced degrees or with exceptional ability in specific fields such as sciences, arts, or business. The backlog here is notably larger, with about 838,784 Indians, including dependents.
– EB-3 (Third Preference): Aimed at skilled workers and professionals whose jobs require at least a bachelor’s degree, this category encompasses another 277,162 individuals, including their dependents.

This staggering number of professionals waiting for green cards is not just a statistic but reflects a systemic issue within the U.S. immigration framework.

Why Do Indian Professionals Face Such Long Waits?

The primary legislative factors contributing to these protracted delays are the per-country limit and the annual quota for employment-based green cards, which have been capped at 140,000 since 1990. This cap includes dependents, which significantly reduces the number of available visas for the primary applicants. The per-country limit, set at 7%, disproportionately affects countries with large numbers of applicants like India, China, and the Philippines.

In practical terms, this means that Indian professionals often have to wait significantly longer than their counterparts from less populous countries. For instance, as per the May 2024 Visa Bulletin, Indian applicants in the EB-2 category can only receive their green card if their application was filed before May 15, 2012. This slow-moving process can, unfortunately, create scenarios where the bulletin dates either barely move or, in some cases, regress.

What Are the Implications of These Delays?

The implications of these delays are multi-faceted. On a personal level, they affect the professionals’ career trajectories and personal lives, as they remain tethered to specific employers who sponsor their visas or are hesitant to switch jobs or start businesses due to uncertainty about their residency status.

On a broader scale, these delays could potentially hinder America’s ability to attract and retain foreign-born talent. Analysts have noted that such legislative gridlocks might cause “potentially irreparable harm to America’s competitiveness,” particularly in fields that are crucial to innovation and economic growth, such as AI, e-commerce, and the tech industry at large.

Are There Any Steps Towards Reform?

Efforts to reform these restrictive immigration policies have been proposed but face significant hurdles. For instance, in 2022, a legislative reform aimed at eliminating the per-country caps and making the H-1B visa program more flexible was blocked in the Senate. This lack of progress in reforming immigration laws continues to exacerbate the backlog issue.

Moreover, recognizing the need for systemic change, Indian American lawmakers have been vocal about pushing for legislative changes to reduce the green card backlog, as reported in December 2022. Their advocacy highlights the dual impact on both the affected professionals and the broader sectors dependent on their skills and contributions.

What Can Be Done Moving Forward?

For those affected by the backlog, staying informed about potential legislative changes and understanding their visa status and options remains crucial. Advocacy for more equitable immigration laws is also a significant step, both at individual and community levels.

For further detailed information on immigration policies and visa bulletins, please refer to the official USCIS website.

In conclusion, while the green card backlog presents significant challenges, awareness, ongoing legislative advocacy, and individual preparedness are key in navigating these issues. As discussions and policies evolve, there is hope for a more streamlined and fair process benefiting both the U.S. and its immigrant professionals.

Learn Today:

Glossary of Immigration Terms

1. Green Card: Officially known as a Permanent Resident Card, a green card allows non-U.S. citizens to live and work legally in the United States on a permanent basis. Green card holders can eventually apply for U.S. citizenship after meeting certain eligibility requirements.

2. Backlog: In the context of immigration, a backlog refers to the accumulation of cases or applications that are awaiting processing or approval by immigration authorities. For employment-based green cards, this typically means the delay and long waiting times faced by applicants before receiving their permanent residency due to the high volume of applications and limited number of visas available each year.

3. Employment-based Categories (EB-1, EB-2, EB-3):

   • EB-1 (First Preference): This visa category is reserved for individuals with extraordinary abilities in certain fields (such as arts, science, education, business, or athletics), outstanding professors and researchers, and multinational executives and managers.
   • EB-2 (Second Preference): This category includes professionals holding advanced degrees or persons with exceptional ability in the arts, sciences, or business.
   • EB-3 (Third Preference): This visa is designated for skilled workers, professionals, and other workers with at least two years of training or experience, and for jobs that require at least a bachelor’s degree.
4. Per-country Limit: An immigration policy mechanism that caps the number of visas that can be issued to nationals of any one country in a given fiscal year, regardless of the total number of visas issued. This policy aims to prevent any single nationality from dominating the flow of migrants from diverse geographical regions.

5. Visa Bulletin: Published monthly by the U.S. Department of State, the Visa Bulletin provides updated waiting times for immigrants that are subject to the quota system. The bulletin lists the cut-off dates that govern visa availability, indicating when applicants can expect to receive their visas based on their priority date, which is the date on which their sponsor filed the immigration petition on their behalf.

Understanding these terms is crucial for grasping the complexities of the U.S. immigration system, especially in contexts discussing delays and legislative changes affecting immigrants seeking to live and work in the U.S. permanently.

This Article In A Nutshell:

The Green Card backlog for Indian professionals in the US exceeds 1.2 million, with long waits due to per-country limits and annual quotas. Delays impact careers and hinder innovation. Reforms face obstacles, but advocacy efforts persist. Staying informed, advocating for change, and exploring options are vital steps forward in navigating this complex issue.
— By VisaVerge.com

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