A bipartisan group of lawmakers is urging the Biden administration to take action to address green card backlogs and retain highly skilled workers in the U.S. They are concerned that the growing backlogs and recruitment efforts by other countries, such as Canada, may lead some individuals to consider leaving the U.S. for better opportunities.

To address this issue, the lawmakers 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 would ensure that the administration has enough applications to allocate all available green cards in any given year and allow immigrants to seek permanent residency despite their place in the employment-based visa backlogs.

Currently, highly skilled workers who are immigrants may face years or even decades of waiting to obtain permanent residency in the U.S. The proposed solution would provide much-needed flexibility and allow them to improve their quality of life, including changing jobs, visiting relatives, or starting businesses.

The proposal is estimated to generate approximately $1.2 billion in fees, which U.S. Citizenship and Immigration Services could utilize to address the current backlog. Additionally, it may make some employment-based applicants eligible for employment authorization documents, enabling them to switch jobs or travel abroad without penalties.

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

ILBSG actively monitors ongoing proposals and policy updates to ensure our clients get the right advice for their individual situations. Contact us if you have any immigration-related questions.

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