The President’s Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders (PACAANHPI) recommends the reduction of wait times for processing green cards from waits of up to ten years to six months. At the core of the issue is the annual national cap on green card applications for certain profiles. The recommendation now moves to President Biden to consider implementing an executive order to enact the recommendation.

The recommendation further suggests that USCIS and the Department of State (DOS) should create public charge policies to help immigrant families once in the U.S. The group suggests access to health and well-being services, and working with community organizations. At this point, this is solely a recommendation. The government is required to establish a policy and related procedures, should they wish to activate the recommendation.

The Immigration and Citizenship Subcommittee approved the recommendations. These are now to be presented to the full committee.

All green card forms are included in the recommendation. Processing of forms is suggested to be completed within six months. Following processing, adjudication should be completed within six months. To meet these goals, the expansion of premium processing services, automatic work permit renewal, and a focus on reducing the visa backlog is included. The group suggests the National Visa Center (NVC) State Department increase employees by 100%, starting in August 2022. In addition, they suggest USCIS finalize their requirements for work permits, travel documents, and temporary status extensions or changes within three months, making it easier for individuals to stay and work in the U.S. The current estimate is by April 2023, the number of interviews and decisions will increase by 150%.

In 2021, roughly 65,000 family preference green cards were issued. The available number for 2021 was 226,000. As such, these unused green cards caused families to be separated. In April 2022, over 420,000 pending interviews were reported, down from 437,000 in March. Currently, U.S. immigration policy limits the number of people from any individual country does not make up more than 7% of the total available green card or permanent legal residency. As such, an extreme backlog exists for Indian individuals, particularly in the IT profession, who came to the U.S. on an H-1B work visa.

This recommendation, if ratified, will require extensive support to process the backlog within the six-month time frame. ILBSG continues to monitor ongoing recommendations to ensure our clients are prepared. If you have questions about your green card status or any other immigration-related issue, contact us. We work with our clients in their specific situations to ensure they get the right advice.