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 employment-based petitions, including I-140, I-360, and I-526, were in pending status. This represents over 170,000 individuals. An additional 1.3 million are in the waitlisted stage. Over 280,000 petitions were waiting for adjustment of status applications. Further backlogs exist at consulates abroad, but the number is unknown. A backlog of over 120,000 permanent labor certification applications exists as well.

Additional breakdown of the backlog include:

  • Over 50% in the EB-2 category for U.S. employer staff with advanced degrees
  • 19% in the EB-3 category for those with a minimum of a bachelor’s degree
  • 13% in the Special Immigrants EB-4 category
  • 6% are for EB-5 major investors
  • 3% are in EB-3O, other roles that do not require a college degree

Looking at the countries of origin for the 1.8 million backlog:

  • 1 million are for individuals from India
  • 250,000 are for Chinese individuals
  • Roughly 180,000 are for those from the Northern Triangle countries, which includes Guatemala, Honduras, and El Salvador.

Further, per CATO, there are an estimated 8.3 million backlog cases for family-based visas. Addressing the employment-based and family-sponsored green card backlog is a complex issue that requires legislative action. Comprehensive immigration reform is essential to create a fair and efficient system that aligns with the needs of the U.S. job market.

Clearly, a fundamental change to the U.S. immigration process is past due. ILBSG continues to actively monitor ongoing updates and proposals, keeping our clients informed. If you have questions about any immigration-related issue, contact us at ILBSG. Our extensive research and experience ensure you get the right advice for your specific matter.

employment-based green card green card U.S. immigration backlog