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Green Card Backlog Explained: How Long Will You Wait?

Green Card Backlog Explained: How Long Will You Wait?
Photo by Kai Pilger / Unsplash

To be eligible for a green card, you must meet specific requirements based on your chosen immigration path, such as family sponsorship, employment, or humanitarian programs. U.S. immigration law refers to individuals applying for immigrant visas as 'aliens', and these aliens seek to become lawful permanent residents through various processes.

If you are already in the U.S., you may be able to apply for adjustment of status, which allows you to transition from a temporary visa to a green card without returning to your home country. This process allows eligible individuals to enter permanent resident status without leaving the U.S. Start your green card journey by understanding the process and requirements.

Kai Pilger

Introduction to the Green Card Process

The journey to obtaining a green card and becoming a lawful permanent resident of the United States is often complex and requires careful planning. For foreign nationals, the process typically begins with determining eligibility and selecting the most appropriate path—whether through employment based green cards, family sponsorship, or other special categories. Employment based green cards are a common route for workers whose employers are willing to sponsor them, while family-based options are available for those with close relatives who are U.S. citizens or lawful permanent residents.

Applying for a green card involves several critical steps. Individuals must first submit an application for an immigrant visa, followed by a thorough verification process that includes security and background checks. Once these steps are completed, eligible applicants can proceed with adjustment of status, which allows them to transition from their current visa status to permanent residence without leaving the country. Each stage of the process requires careful attention to detail, as missing documentation or failing to meet eligibility requirements can delay or jeopardize the application. Understanding the full process, from employer sponsorship to completing the adjustment of status application, is essential for workers and their families seeking to secure their future in the U.S.

Understanding Green Card Backlogs: What You Can Do to Move Forward

If you're an employment-based immigrant waiting for your green card, you may have noticed that despite having an approved I-140 with a priority date from years ago, you're still not as close to a green card as you expected. The visa bulletin moves slowly—especially for Indian nationals—and the backlog can significantly impact your career, family, and long-term plans in the U.S.

If you're feeling frustrated or uncertain about your green card timeline, you're not alone. But there may be options to improve your situation. Let's break down the current backlog issues and explore what you can do to take control of your immigration journey.

The Green Card Backlog: What's Happening?

Your priority date must become “current” on the visa bulletin before you can proceed from an approved I-140 petition to filing your adjustment of status (Form I-485). The visa bulletin lists not only priority dates but also final action dates and filing dates, which are crucial for determining when you can move forward in the green card process. Visa bulletins provide regular updates on these dates, helping applicants track their progress.

Unfortunately, visa bulletin movements are unpredictable, and how long it took for others in the past is no guarantee of how long it will take for you. The Department of State publishes visa bulletins that list the current processing dates for each category, so applicants must monitor these dates closely.

Why is the backlog so severe?

  • The annual cap for employment-based green cards is only 140,000, and both principal applicants and their dependent family members count toward the total; these limits are set by Congress.
  • Certain countries, like India, have high demand and limited visa availability, leading to decades-long waits in some cases.
  • During the pandemic, consulates were closed, and green cards spilled over into employment-based categories, temporarily speeding up processing for people applying for green cards from inside the United States. But that surge was brief, and family-based categories have resumed taking their full visa allotment.
  • The backlog has real consequences—especially for those on H-1B visas with dependent children who may age out before their green card processing is complete.

The Department of State (DOS) regularly issues reports on visa numbers and backlogs, providing transparency into the process.

Fiscal Year Visa Allocation

Each fiscal year, the U.S. government sets a cap on the number of immigrant visas available, which directly affects how quickly green card applications can be processed. This annual limit means that not all applicants can move forward immediately, leading to backlogs and extended waiting periods, especially in high-demand categories. The Department of State publishes the visa bulletin every month, providing up-to-date information on the current priority date for each green card category and country of chargeability.

Employers and applicants should regularly refer to the visa bulletin to track when their priority date becomes current, as this determines when they can file for adjustment of status and continue with their application. The number of visas available each year, combined with the demand from various countries and categories, can lead to significant delays for some applicants. By staying informed about the fiscal year visa allocation and monitoring the visa bulletin, individuals and employers can better plan their next steps, anticipate potential waiting times, and make informed decisions about their immigration process.

How the Backlog Affects Your Career and Family

While waiting for your priority date to become current, your career and family plans may feel stuck.

A change in immigration policy or administration could lead to changes that might help fix the backlog and improve outcomes for applicants and their families.

Career Limitations

  • If you’re on an H-1B visa, you can continue renewing it indefinitely in three-year increments as long as your green card process is in motion. Processing times for renewals and green card applications can vary depending on the specific USCIS office handling your case.
  • However, you’re still locked into your sponsoring employer, limiting your flexibility to explore better job opportunities or transition into a new role, unless that new company will sponsor a new green card process for you.
  • If retirement is on the horizon for you, you need to assess whether you can wait out the backlog or look for a faster green card pathway.

Impact on Children in H-4 Dependent Status

  • Children under 21 can stay in the U.S. on H-4 dependent visas, but once they turn 21, they must switch to another status (such as F-1 for students) or leave the country.
  • The transition from H-4 to F-1 doesn’t happen automatically, and if there’s a delay or issue in the process, it could jeopardize their ability to stay. It is crucial to understand all the details involved in this transition to ensure the child's status is not at risk.
  • While an H-4 dependent could follow their own immigration path—such as getting an F-1 visa, going through OPT, obtaining STEM OPT, and later winning an H-1B lottery—this is a difficult and uncertain process. Many young adults raised in the U.S. may not anticipate these hurdles.

The visa backlog isn’t just a bureaucratic inconvenience—it has major life consequences. If your goal is for your entire family to obtain green cards, waiting in line may not be your best option.

How to Improve Your Green Card Timeline

Given the unpredictability of the visa backlog, you may want to explore alternative routes to speed up your green card process.

Can You Qualify for a Faster Employment-Based Green Card?

Many professionals stuck in the backlog should evaluate whether they qualify for the EB-1 category, which allows individuals with extraordinary ability in their field to move to the front of the line.

  • The EB-1A (Extraordinary Ability) category is for professionals who can demonstrate national or international recognition for their work.
  • While the EB-1 category also has a backlog for Indian nationals (currently around three years), it's significantly faster than EB-2 or EB-3, which can take decades.
  • If you've already established a priority date through your EB-2 or EB-3 I-140 petition, obtaining an EB-1 approval lets you retain your original priority date while moving into a faster category.

Benefits of Moving to EB-1

If your EB-1A petition is approved, you can immediately apply for an adjustment of status (I-485). While this doesn’t grant an instant green card, it gets you much closer than waiting years for an EB-2 or EB-3 priority date to become current.

  • I-485 applicants can file for a work permit (I-765), allowing you and your family to work in the U.S. while waiting for green card approval. Building a strong 'house'—that is, a solid foundation for your immigration case—can significantly improve your chances of success in the EB-1A process.
  • Once your I-485 is pending, you are no longer tied to your H-1B employer sponsorship, giving you greater career flexibility.

Adjustment of Status

Adjustment of status is a crucial step for individuals already in the United States who wish to become lawful permanent residents. This process allows eligible applicants to apply for a green card without having to leave the country. To begin, applicants must file an adjustment of status application (Form I-485) with U.S. Citizenship and Immigration Services (USCIS). As part of the process, individuals undergo a comprehensive background check and a medical examination to ensure they meet all requirements for permanent residence.

Applicants must also demonstrate that a visa is available to them based on their priority date and category, as outlined in the visa bulletin. The adjustment of status process can be lengthy, with processing times varying depending on the applicant’s country of origin, the specific green card category, and the current backlog. USCIS provides regular updates on processing times, allowing applicants to track the status of their application and plan for the future. By understanding each step and ensuring all requirements are met, individuals can help ensure a smoother path to permanent residence and take proactive steps to address any issues that may arise during the process.

What You Should Do Next

If you're feeling uncertain about your green card process, now is the time to take action

  • Check the visa bulletin to understand where your priority date stands each month.
  • Explore EB-1 eligibility—you might already qualify for a faster green card option.
  • Consult with an immigration attorney to review your case and build a strategy that works for your goals.

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