According to an analysis from the CATO Institute, a new record of 1.8 million employment-based green card cases is in backlog status. The backlog exists due to several reasons, including annual quotas for green card issuance, per-country limits, and administrative processing delays. The result is a backlog that forces many highly-skilled immigrants to wait for years, and sometimes even decades, for their green card applications to be approved. During this waiting period, they often face uncertain futures, restrictions on career mobility and the possibility of having to leave the U.S. when their temporary visas expire. As a result of the 7% country cap, there are 1.1 million cases in the backlog for Indian nationals. CATO estimates that new Indian applicants face a lifelong wait, and over 400,000 will die before receiving their green cards.
For all individuals applying for an employment-based green card, the process takes place in a series of stages. The initial stage, petition pending, reflects the initial submission by the employer. Once the initial submission is approved, the next step depends on the availability of a green card or immigrant visa. If no availability exists, the petition moves to Wait Listed, waiting for the employee’s priority date to become current and a visa to be available. Once availability exists, the employee may file his/her Adjustment of Status application moving to the Pending Green Card Application.
As of March 2023, over 80,000...
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