Immigrant wait times in the United States reach record levels: Consequences for Indian H-1B laborers and Green Card petitioners
In the United States, a record-breaking backlog of 11.3 million pending applications has caused a significant crisis in the immigration system, affecting thousands of Indian professionals living and working in the country.
The delays are particularly prevalent in employment-based categories like EB-2 and EB-3, resulting in decades-long waits for green card applications. H-1B visa petition processing is also affected by these backlogs at the U.S. Citizenship and Immigration Services (USCIS) and consulates.
One of the core challenges is the shortage of green card numbers for Indians. The demand exceeds the annual green card limit, even after recapturing unused numbers from other categories and countries. This forces many to remain on H-1B status for years, which is increasingly difficult due to stringent H-1B rules and tough job market conditions.
The U.S. has implemented stricter documentation and enforcement, favouring higher salaries for H-1B allocation, increased documentation, and suspicion-driven denials citing national security and fraud prevention. Consulting companies that hire many Indian tech professionals are especially impacted by these enforcement policies.
Indian H-1B holders have a maximum 60-day grace period to find a new job after layoffs; failing to do so leads to deportation risk. Given the tough market and USCIS restrictions on certain filing types, many are at risk of falling out of status.
Due to staffing shortages and enhanced checks, visa interviews are delayed, and consulates have limited capacity, further prolonging the process. This impacts not only H-1B and green cards but also student and family visas.
Potential solutions involve early application strategies, premium processing, legislative reforms for green card quotas, and exploring alternative immigration options. Affected applicants are advised to apply as early as possible, use premium processing options where available, and keep close track of case status and consulate wait times.
Advocacy for increasing per-country green card caps or recapturing unused visa numbers is critical to reducing wait times. Some Indians are considering immigration to Canada or Australia due to more predictable processing and immigration pathways.
Staying with employers committed to sponsoring green cards, avoiding layoffs, or swiftly transitioning jobs within 60 days are important tactical steps to maintain status. Meticulous preparation of visa applications and legal compliance minimize chances of denials amid stricter scrutiny.
The delays have worsened in several immigration categories, with employment visas (Form I-129) taking 25% longer to process compared to the previous quarter, reflecting an 80% increase year-over-year. Green card renewals (Form I-90) are averaging over 8 months, marking a 938% rise in a single quarter.
The consequences of the backlog extend beyond individuals, affecting U.S. companies, particularly in technology, healthcare, and research, by losing access to key talent pipelines. Indian applicants are hesitant to make permanent decisions like buying a house due to uncertainty about their future in the U.S.
Experts argue that the backlog crisis is not just a product of volume but of policy choices and institutional neglect. The present administration shows no interest in hiring new staff or investing in technology to improve processing times.
Immigration attorney Prashanthi Reddy emphasises that the delay in green card processing for Indian nationals is due to high demand exceeding the available green card numbers. She suggests that applicants stay informed and seek legal advice to prepare for potential legal support.
- The prolonged waits for green card applications among Indian professionals in the United States, particularly in employment-based categories, highlight the need for workplace-wellness policies that address the mental health impacts of extended job uncertainty.
- In light of the delays and stricter enforcement in the immigration system, education-and-self-development opportunities that focus on skills-training and upskilling could be a valuable resource for Indian professionals seeking career-development and a competitive edge in the job market.
- Given the current political landscape and policy choices affecting immigration, general-news outlets and advocacy groups can play a crucial role in raising awareness about policy-and-legislation issues and fostering discussions on immigrant rights.
- Job-search strategies should account for the delays in visa processing and potential risks of deportation. This might include diversifying job applications to include opportunities in less impacted sectors and countries.
- As Indian applicants consider immigration to other countries, understanding the nuances of alternate immigration options, such as the Canada Express Entry system, becomes essential for health-and-wellness and career-development self-assessment and decision-making.
