100-year wait for green card: Indian-American tech warns students and job seekers | Personal Finance

But what exactly is a green card?

The green card, officially called a Permanent Resident Card, is a document issued by the United States government. It grants its holder permanent resident status, allowing him or her to live and work in the United States indefinitely. This card also opens the possibility of becoming a US citizen after a certain number of years, usually between three and five.

Suren’s warning came in response to a post by US Ambassador Eric Garcetti, who was promoting Education USA fairs across India. These fairs are designed to attract Indian students to American universities by offering them the opportunity to meet representatives from more than 80 institutions. Ambassador Garcetti’s post read: “Students and parents, I am thrilled to invite you to our #EducationUSA fairs, which are taking place across India this month.”

However, Suren was quick to counter the ambassador’s optimistic message. In his post, he accused US officials of misleading prospective students and warned: “Please don’t come to #US. These are lies. Don’t believe me? Talk to anyone who has come here to study in the last decade.” He urged US immigration authorities to update these outdated visa policies, saying: “Please fix 1950s-era visa policies @USCIS.”

Suren’s post went viral and resonated with many who have experienced the harsh realities of the U.S. immigration system.

Why is this a problem for Indian students?

Internet users react

Suren’s post sparked a wave of reactions on social media, with many users echoing her concerns. One user shared: “Yes, it’s true. One day I asked a coworker when he would become a US citizen since he is on an H-1B visa. I was shocked to learn that there is a 100-year waiting list.” This comment reflects widespread disbelief and frustration among those facing similar challenges.

Another user, Satya, suggested that working in India might be a better option for today’s youth, stating, “Smart people with good education and talent will have more opportunities in India over the next decade or so. The wait to get a college degree in the US is horrible! It’s not worth it unless you go there just for the factors mentioned above. Immigration is a big issue now more than ever, especially for ‘legal immigrants.'”

What is the real problem?

Ajay Sharma, Immigration Consultant and Founder of Abhinav Immigration Services, explains:

Getting a green card and becoming a permanent resident in the U.S. or any other country is a privilege, not a right. Each year, the U.S. sets a limit on the number of green cards that can be issued, and these limits are set by law. These quotas decide how many green cards can be issued each year, and they apply to everyone, no matter where you’re from or what visa you have.

Here’s the thing: The US can only issue up to 675,000 green cards a year. But as of February 2024, there were a whopping 34.7 million people waiting in line to get one. This means that some people could end up waiting almost 50 years. It’s a long and difficult wait, and it shows how much patience and determination it takes to see this process through.

Now, let’s look at the numbers. By 2024, there are only 140,000 employment-based green cards available, and that’s the category H-1B visa holders fall into. So it’s easy to see why wait times are getting longer.

Why is the wait so long?

“It is simply a question of a mismatch between supply and demand. Everyone who applies for an H-1B visa knows this from the outset and understands the difficulties involved,” Ajay Sharma told Business Standard.

There are several different ways to apply for a green card: family sponsorship, employment, special categories such as refugees, and a few others. H-1B visa holders applying for green cards are just one of these groups.

But the quota isn’t the only problem. There’s another big hurdle: you need your employer’s support to apply for a green card. The process starts with the employer you work for on your H-1B visa. First, they have to try to find a US citizen or green card holder to fill the position. If they can’t, then they can nominate you for a green card.

“Another concern is that the rules about whether your spouse can work are constantly changing, depending on who is in power. This uncertainty makes things even more difficult.

“Then there’s the issue of children. They are only considered dependents until they turn 21, so families are under pressure while they wait for the green card,” she explains.

“And here’s the kicker: just because you apply doesn’t mean you’ll get it. Your application could be rejected for a variety of reasons, leaving you in limbo for years,” he adds.

What is the current status of Green Cards?

By fiscal year 2024, about 34.7 million people have applied for a green card. To put that in perspective, only about 10 million people had applied in 1996. The U.S. government plans to approve about 1.1 million green card applications this year, meaning only 3 out of every 100 applicants will be successful. The rest will have to continue waiting or may never get approved.

It is worth noting that a large number of those applying for green cards are of Asian descent, with Native Americans making up a significant proportion. These individuals typically have college degrees and are vital contributors to the American economy, particularly in fields such as technology, medicine, and academia.

How many Indians are in line for green cards?

According to data from the United States Citizenship and Immigration Services (USCIS), more than one million Indians are currently waiting to obtain green cards. These individuals often face waiting periods that can stretch for decades, a situation that is exacerbated by annual caps and country-specific limits on the number of green cards issued. This backlog affects not only the principal applicants but also their families, delaying their access to permanent residency and, consequently, citizenship.

The Department of Homeland Security estimated that there were 12.9 million green card holders living in the United States in 2022, of whom 9.2 million were eligible for citizenship. The Covid-19 pandemic temporarily slowed admissions, but numbers are now recovering: there were more than one million new green card holders in 2022 alone.

What does the data say about the backlog of green cards?

A National Foundation for American Policy (NFAP) study using data from the United States Citizenship and Immigration Services (USCIS) reveals that more than 1.2 million Indians are waiting in the three main categories of employment-based green cards. This backlog includes people in high-demand fields such as technology, medicine, and academia. The waiting period for many of these applicants may extend to decades, and some projections suggest it could take nearly two centuries to clear the backlog without legislative intervention.

The primary cause of these long wait times is the annual limit on employment-based green cards, set at 140,000, combined with a 7% cap per country. This cap disproportionately affects countries with larger populations of highly skilled professionals, such as India. As a result, despite the high demand for technical talent in the U.S., many Indian immigrants face significant delays in obtaining permanent residency.