Complete Guide to the Green Card Backlog

Summary

This video explains the green card backlog in the U.S., detailing how outdated limits and high demand prevent many immigrants from obtaining their green cards. The backlog is particularly severe for employment-based applicants, especially from India and China, where the wait can exceed a decade. The video breaks down different green card categories and highlights the impact of per-country caps. Proposed solutions include removing these caps and increasing the number of green cards issued annually to reduce the backlog and waiting times.

Takeaways

• 🟢 The green card process is essential for immigrants aiming to become lawful permanent residents in the U.S.
• 🔢 There are approximately 13.2 million people with green cards, but many immigrants face long delays due to the green card backlog.
• 📈 The green card backlog has grown due to an outdated cap system, which has not been updated in over 30 years, limiting the number of green cards issued.
• 💼 Employment-based green card applicants must follow a multi-step process, including having their employer file a petition.
• ⏳ Once the petition is approved, applicants may still wait in the backlog if the cap on green cards has been reached.
• 📊 Between April 2018 and November 2019, 215,395 approved petitions entered the employment-based green card backlog, contributing to a growing waiting list.
• 🗂 There are five categories of employment-based green cards (EB-1 through EB-5), each with its own cap on the number of green cards issued annually.
• 👨‍👩‍👧 Family members of employment-based green card applicants also contribute to the backlog, further limiting the availability of green cards for primary applicants.
• 🇮🇳 Applicants from certain countries, especially India and China, face significantly longer wait times due to the 7% cap on green cards for each country.
• 🛠 Potential solutions to reduce the backlog include eliminating per-country caps and increasing the total number of green cards issued annually.

Q & A

What is the Green Card backlog?

The Green Card backlog refers to the growing number of immigrants waiting to receive their Green Cards due to the limited number of Green Cards available each year. The backlog has become extensive because the caps on Green Cards are outdated and have not been updated in over 30 years.

Why is there a backlog in the Green Card process?

The backlog exists because the number of Green Cards available each year is limited. As demand has increased over time, the cap has remained the same, resulting in a growing queue of immigrants waiting for their Green Cards.

What is the current annual cap for employment-based Green Cards?

The current annual cap for employment-based Green Cards is 140,000.

What are the five preference categories for employment-based Green Cards?

The five preference categories are: EB-1 (priority workers like athletes, scientists, or executives), EB-2 (professionals with advanced degrees), EB-3 (skilled workers and professionals), EB-4 (special immigrants like religious workers), and EB-5 (foreign investors who create jobs in the U.S.).

How do family members affect the Green Card backlog?

Family members, such as spouses and minor children of workers, are eligible for Green Cards as well. They take up a portion of the Green Card allocation, adding to the backlog and extending wait times for principal applicants.

Why do applicants from certain countries, like India and China, face longer wait times?

Green Cards are limited by country of birth, with no more than 7% allocated to applicants from a single country in a year. Since India and China have a high number of applicants, their wait times are longer compared to applicants from other countries.

What are the projected future wait times for Green Card applicants?

It is estimated that new EB-2 and EB-3 applicants may have to wait as long as 89 years to receive their Green Cards due to the current backlog and annual cap limitations.

What impact does the Green Card backlog have on skilled workers?

Many skilled workers are unable to obtain permanent residency in a timely manner, often waiting for years or decades. This can lead to frustration, job insecurity, and in some cases, people abandoning their applications or leaving the country.

What solutions have been proposed to reduce the Green Card backlog?

Two proposed solutions are eliminating the per-country limits on Green Cards and increasing the annual cap on Green Cards. These changes would allow more people from high-demand countries to receive Green Cards and reduce the overall wait time.

How has the employment-based Green Card backlog grown in recent years?

From April 2018 to November 2019, the employment-based Green Card backlog grew from 831,826 to over 1 million, with an average increase of 137,852 per year. It is projected to exceed 2.4 million by 2030, with the majority of the backlog consisting of Indian and Chinese applicants.