The current wait time for EB-2 green card applicants, particularly for Indian nationals, has reached staggering levels in 2024. The EB-2 visa, designed for individuals with advanced degrees or exceptional abilities, is increasingly difficult to obtain due to a combination of factors, including high demand and strict per-country limits imposed by U.S. immigration laws. Indian nationals, who make up a significant portion of EB-2 applicants, face delays that can extend beyond a century.
This backlog not only creates uncertainty but also discourages highly skilled professionals from pursuing their aspirations in the United States, impacting their career and life choices.
This blog explores the EB-2 visa, labor certification, petition processes, and the reasons behind the extended wait times. It also compares alternative visa options and suggests potential solutions to this growing issue.
Overview of the EB-2 Visa
The EB-2 visa is a second-preference employment-based visa designed for highly skilled professionals. There are two primary categories under the EB-2 visa:
- Individuals holding an advanced degree (master’s or higher).
- Individuals with exceptional ability in their field.
Applicants must have a U.S. job offer that requires their level of expertise, and their employer must obtain a labor certification from the Department of Labor (DOL). An exception to this is the National Interest Waiver (NIW), which allows applicants to bypass the labor certification if their work benefits the U.S. at a national level.
What is the National Interest Waiver?
The National Interest Waiver (NIW) is a pathway to a U.S. green card available to foreign professionals whose work is deemed to significantly benefit the United States. Unlike other employment-based immigration options, the NIW does not require employer sponsorship, allowing applicants to self-petition if they can demonstrate that their contributions are in the “national interest.”
A skilled attorney like Sweta Khandelwal can navigate these waters for you.
However, despite these qualifications, Indian nationals face significant hurdles due to the current wait time for EB-2 green card processing. The issue lies not in eligibility but in the backlog caused by per-country limits and a growing demand for EB-2 visas from Indian professionals.
Also Read: What are EB1A, EB1B, EB1C Visas?
The Green Card Backlog for Indian Nationals
The green card backlog for Indian nationals has reached a critical point, with over 1.2 million individuals currently waiting for employment-based green cards as of November 2023. This situation is primarily driven by two significant factors: the annual cap on employment-based green cards and the per-country limit imposed by U.S. immigration laws.
Current Backlog Statistics
According to data from the U.S. Citizenship and Immigration Services (USCIS) analyzed by the National Foundation for American Policy (NFAP), the backlog is distributed across three main employment-based categories:
| Employment-Based Category | Primary Applicants | Dependents | Total |
| EB-1 (Extraordinary Ability) | 51,249 | 92,248 | 143,497 |
| EB-2 (Advanced Degree) | 419,392 | 419,392 | 838,784 |
| EB-3 (Skilled Workers) | 138,581 | 138,581 | 277,162 |
| Total | 609,222 | 650,221 | 1,259,443 |
These figures highlight the overwhelming demand for green cards among Indian professionals, particularly in the technology and engineering sectors.
Under the Immigration Act of 1990, Congress set the annual limit on employment-based green cards at 140,000, including dependents, and kept a per-country limit of 7%. In practice, the two limits have produced long wait times for employment-based immigrants from India and China.
Causes of the Backlog
The backlog is exacerbated by two main immigration policies:
- Annual Cap: The U.S. government limits the total number of employment-based green cards issued each year to 140,000, including dependents.
- Per-Country Limit: A cap of 7% per country means that no single nation can receive more than this percentage of the total green cards available annually. This disproportionately affects countries with large populations like India, China, and the Philippines.
As a result of these limitations, Indian nationals face wait times that can extend into decades. For instance, estimates suggest that without significant immigration reform in the United States, the backlog could grow to over 2 million by 2030, with projections indicating it may take up to 195 years to clear completely.
Impact on Individuals and Families
The lengthy wait times create significant challenges for Indian workers and their families:
- Many applicants live in a state of uncertainty while relying on temporary work visas (like H-1B), which can be revoked if employment is lost.
- Children of applicants risk “aging out” of dependent status if their parents do not secure a green card before they turn 21.
- The emotional toll and stress associated with prolonged waiting periods can adversely affect mental health and family stability.
Discussing your situation with a knowledgeable immigration attorney like Sweta Khandelwal could help in understanding alternative pathways and strategizing your application process.
Labor Certification and Petition Processes
Labor Certification is a process that verifies there are no qualified U.S. workers available for a specific job before an employer can hire a foreign national. The primary goal is to protect U.S. workers by ensuring that foreign labor does not adversely affect their job opportunities or wages. The labor certification process is one of the most important steps in the EB-2 application. This process, handled by the Department of Labor, ensures that hiring a foreign worker will not adversely affect the wages or job opportunities of U.S. workers.
To begin the process, the employer must:
- File ETA Form 9089, the Application for Permanent Employment Certification.
- Demonstrate that there are no qualified U.S. workers available for the position.
Once the labor certification is approved, the employer files Form I-140, the Immigrant Petition for Alien Workers, with U.S. Citizenship and Immigration Services (USCIS). This petition must establish the applicant’s qualifications and the employer’s need for the worker.
While the petition process is complex, it is often not the biggest hurdle for Indian nationals. The current wait time for EB-2 green card approvals is the primary obstacle due to the backlog that occurs after these initial steps.
Also Read: Filing an I-130 for Spouse Green Card Process and Procedures
Current Visa Bulletin and Priority Dates
The October 2024 Visa Bulletin has been released, providing important updates on priority dates and visa availability for various immigrant categories. Here’s a summary of the key details:
Family-Sponsored Preferences
F1 (Unmarried Sons and Daughters of U.S. Citizens):
- Current priority date: 01APR10
F2A (Spouses and Children of Permanent Residents):
- Exempt from per-country limit: Priority dates earlier than 08MAR21.
- Subject to per-country limit: Priority dates from 08MAR21 to 22NOV21.
F3 (Married Sons and Daughters of U.S. Citizens):
- Current priority date: 01AUG07
F4 (Siblings of U.S. Citizens):
- Current priority date: 01AUG07
Employment-Based Preferences
EB-1 (Priority Workers):
- All chargeability areas: Current (C)
EB-2 (Advanced Degree Holders and Exceptional Ability):
- India: The priority date is now 22 June 12, moving forward by about a month.
EB-3 (Skilled Workers and Professionals):
- India: The current priority date is also 22 June 12.
Diversity Visa (DV) Category
For DV-2025 applicants, visas are available for those with rank numbers below the specified allocation cut-off number, which varies by region.
Understanding the Visa Bulletin
The Visa Bulletin includes two essential components:
- Final Action Dates: These indicate when visas can be issued. Applicants with a priority date earlier than the listed date can have their applications processed.
- Dates for Filing Applications: These indicate when applicants can submit their documentation to the National Visa Center.
Key Takeaways
- The backlog remains significant, particularly for Indian nationals in the EB-2 and EB-3 categories, where wait times can extend for many years.
- The movement of priority dates can be slow, and sometimes retrogression occurs, meaning dates may regress rather than progress.
For more detailed information, including specific cut-off dates for various categories and countries, you can refer to the full Visa Bulletin here.
Also Read: How To Apply for a Marriage Green Card in the United States? A Step-by-Step Guide
Predicted Wait Times for Indian Applicants
The wait times for Indian applicants in the EB-2 visa category have reached unprecedented levels, primarily due to the significant backlog and limited annual visa availability. Here are the key details regarding predicted wait times:
Current Wait Times
- Estimated Wait Duration:
Recent estimates indicate that Indian nationals may face wait times ranging from 20 years to as much as 128 years for an EB-2 visa to become available. This staggering range reflects the extreme backlog and high demand for these visas.
- Current Cut-off Dates:
As of November 2023, the cut-off date for Indian EB-2 visas is set for petitions filed before January 1, 2012. This means that only those who submitted their I-140 petitions over ten years ago are currently eligible to receive their green cards.
- Backlog Statistics:
According to USICS, approximately 395,958 approved I-140 petitions are awaiting an available EB-2 visa, with about 90% of these applications originating from India. USCIS publishes periodic backlog reports and I-140 approval statistics that can shed light on the number of cases pending by category and country. Given that only around 2,800 EB-2 visas are allocated annually to Indian nationals, the math suggests that recent applicants could experience wait times extending into the hundreds of years.
Factors Contributing to Long Wait Times
- High Demand vs. Limited Supply: The annual quota for EB-2 visas is capped at 40,000, which includes all family members, not just principal applicants. With over 15,000 applications submitted monthly, the demand far exceeds supply, exacerbating the backlog.
- Visa Retrogression: The phenomenon where priority dates regress rather than progress is particularly pronounced for Indian nationals in the EB-2 category. This means that even as time passes, applicants may find their wait times increasing rather than decreasing.
- Visa Regression: Visa Regression occurs when the “final action dates” for specific green card categories move backward instead of forward on the monthly Visa Bulletin, delaying applicants’ eligibility to complete their green card process. This happens when demand for green cards in a particular category and country exceeds the number of visas available under annual limits set by U.S. immigration law.
Future Predictions
Given the current trends and data, it is anticipated that without significant immigration reform or changes to visa allocation policies, the backlog will continue to grow. Therefore, applicants may need to prepare for extended waiting periods, with estimates suggesting that some may not see resolution for several decades.
In such uncertain times, having a dedicated immigration attorney like Sweta Khandelwal could provide clarity and support as you plan your next steps.
Comparative Analysis with Other Visa Options
For Indian nationals facing the overwhelming current wait time for EB-2 green card, alternative visa options may be worth exploring. One such option is the EB-5 visa, which grants green cards to foreign investors and their families in exchange for significant financial investment in the U.S. economy.
EB-2 vs EB-5:
- Investment requirements: The EB-5 visa requires a minimum investment of $800,000 in a targeted employment area, making it a more expensive but faster alternative.
- Processing time: EB-5 applicants generally face shorter wait times compared to EB-2 applicants, although this varies depending on nationality and demand.
- Family inclusivity: The EB-5 visa allows applicants to include their spouse and unmarried children under 21 in the petition, whereas the EB-2 visa also allows family members but faces longer delays.
While EB-5 offers a quicker route to residency, it is not financially feasible for everyone. Thus, many Indian nationals remain committed to navigating the EB-2 process, despite the current wait time for EB-2 green card approvals.
Also Read: Concurrent Filing of Form I-130 and I-485 for Green Card Application
Potential Solutions to Address Backlog
Addressing the current wait time for EB-2 green card applicants requires significant legislative and administrative reforms. Potential solutions include:
- Removing per-country limits: Lifting or adjusting the 7% cap on green cards issued per country could reduce the disproportionate backlog faced by Indian nationals.
- Increasing the overall green card cap: Raising the number of employment-based green cards available each year would allow more Indian nationals to receive green cards within a reasonable timeframe.
- Expanding premium processing: Extending premium processing options to more visa categories, including EB-2, could help speed up the petition approval process.
- Recapturing unused visas: Ensuring that all unused visas from previous years are allocated to current applicants could help address the backlog.
While these solutions are not yet in place, they represent a path forward for addressing the overwhelming current wait time for EB-2 green card applicants.
Conclusion
The current wait time for EB-2 green card applicants from India has reached unprecedented levels in 2024, with potential delays stretching beyond 120 years. Indian nationals, though highly qualified, face significant hurdles due to the green card backlog, caused by per-country caps and increasing demand for EB-2 visas.
The situation is complex, but potential solutions, such as removing per-country limits and increasing the annual green card cap, could help ease the burden. In the meantime, applicants must navigate a challenging and lengthy process, with the hope that future legislative reforms will address the issue.
Understanding the current wait time for EB-2 green card approvals and exploring alternative visa options, such as EB-5, may help applicants make informed decisions as they pursue permanent residency in the United States.
For those navigating the complexities of the EB-2 green card process, working with an experienced immigration attorney can make all the difference. The Law Offices of Sweta Khandelwal, a specialized immigration law firm led by Sweta Khandelwal with over 18 years of experience offers comprehensive legal services in business immigration, family immigration, visas, green cards, and citizenship matters.
Whether you’re dealing with the green card backlog or exploring alternative visa options, the Law Offices of Sweta Khandelwal can help you achieve your immigration goals.
Contact Sweta Khandelwal’s offices in San Jose or Palo Alto today to get started.
Disclaimer
Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.
