The American dream has long been a beacon for skilled professionals worldwide, promising opportunity and a better future. However, for many highly qualified individuals, particularly those from India and China, that dream is deferred by a crushing reality: the ever-growing green card backlog.
A Green Card, officially known as a Permanent Resident Card, is a document issued by U.S. Citizenship and Immigration Services (USCIS) that grants foreign nationals the privilege of living and working permanently in the United States.
A recent study highlights the stark situation facing those seeking permanent residency in the U.S. through employment-based (EB) visas, specifically the EB2 category for professionals with advanced degrees or exceptional ability. Under current law, the wait times for Indian nationals are staggering, estimated at 195 years in 2020 and projected to balloon to an unimaginable 436 years by 2030.
This astronomical delay is largely due to the 7% per-country cap on green cards, a system that creates disproportionate waiting times for applicants from populous nations. As a result, a massive backlog of applications has accumulated, leaving countless individuals in limbo for decades.
Enter S. 386, the Fairness for High-Skilled Immigrants Act. This proposed legislation aims to alleviate the backlog by eliminating per-country caps, allowing for a more equitable distribution of green cards based on the date of application, regardless of nationality.
The study’s projections show that S. 386 could dramatically reduce wait times for Indian and Chinese nationals, bringing them in line with those from other countries. This would not only provide relief to those currently stuck in the backlog but also attract and retain top talent from around the world, boosting the U.S. economy and maintaining its competitive edge.
However, S. 386 has faced a turbulent journey through the legislative process. Despite passing the Senate in 2020, it failed to gain traction in the House, ultimately stalling in the 116th Congress. Though reintroduced in subsequent sessions, it has yet to become law.
The reasons for its failure are complex, including concerns about its impact on other visa categories, lobbying efforts from various groups, and the overall political gridlock surrounding immigration reform.
Despite these setbacks, the need for a solution remains urgent. The current system is not only unfair to those caught in the backlog but also detrimental to the long-term interests of the United States.2 As the global competition for talent intensifies, the U.S. cannot afford to lose its appeal to the world’s brightest minds.
While the future of S. 386 or similar legislation remains uncertain, the issue of the green card backlog continues to demand attention. The American dream should be within reach for all who seek it, not just a select few.