US Green Card Backlog For Indians Already Stands At 134 Years. Will New Rules Stretch It Further?

The latest memo by the US Citizenship and Immigration Services (USCIS) has intensified fears among Indians who are already grappling with tightening immigration rules.

The USCIS memo, released last week, reiterates that obtaining permanent residency from within the United States is a “discretionary benefit” and not an automatic entitlement.

While the policy does not directly amend immigration law, experts and immigration advocates say it signals a tougher approach towards foreign nationals seeking long-term residency after entering the US on temporary visas.

The latest announcement comes months after a report by the US-based Cato Institute stated that of the 1.8 million employment-based backlog in 2023, around 1.1 million, or 68 per cent, were

from India. The report also said the backlog could take up to 134 years to clear.

Founder of the American Advocacy Council, Sidharth, claimed that many Indians remain on the H-1B programme for years out of compulsion rather than choice.

“It is not because Indians love being on temporary visas,” he wrote. “It is because the Green Card system will not let them leave the temp visa programme,” he added.

He also pointed out that applicants from countries such as Pakistan and Somalia, which send fewer skilled workers, often have the waiting period of two years or less.

With the latest rules, it is expected that the waiting line will be much longer. The concern stems from the USCIS position that temporary visa holders, including students, tourists and workers, are expected to leave the US once the purpose of their stay ends, rather than treating their stay as the “first step” toward obtaining a Green Card.

For years, the United States remained the top overseas education destination for Indian students, not only because of its universities and job opportunities, but also because it offered a relatively clear route from education to employment and eventually permanent settlement.

“The broader message the US is sending right now is that immigration pathways are getting tougher and tougher. You’ve already had tighter OPT and STEM OPT scrutiny, uncertainty around the H-1B lottery, and now this,” Mayank Kumar, co-founder and former managing director of upGrad, was quoted as saying by Moneycontrol.

“Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the US for a short time and for a specific purpose. Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process,” USCIS said in a statement, according to an Associated Press report.