Why 1.3 Lakh Indians In US Might Get Separated From Parents Due To Green Card Backlog

A significant concern looms over the fate of over 1 kah Indian children residing in the United States, as they face the imminent threat of separation from their parents. This troubling situation arises from a substantial backlog in the issuance of Green Cards.

Children who move to the United States from other countries typically do so under the H-4 visa, a nonimmigrant visa category designed for spouses and children of H-1B visa holders. H-1B visas are temporary work visas granted to highly skilled professionals.

However, when these children turn 21, they are no longer allowed to stay in the US under the H-4 visa category.

This year, the backlog for employment-based green cards has surged to an unprecedented 1.8 million cases. This backlog predominantly comprises individuals patiently awaiting the issuance of their green cards, a situation primarily stemming from the low green card quotas allocated for employer-sponsored immigrants and investors.

The system dictates that no single country can receive more than 7 per cent of the available green cards, commonly referred to as "country caps." Unfortunately, this means that the burden of the flawed system falls heavily on the 1.1 million cases from India within the backlog. As a result, new applicants from India are confronted with the grim reality of enduring a lifetime wait, with over 400,000 individuals projected to pass away before they can secure their green cards, a recent study from Caro Institute revealed.

According to the report, Indians constitute a significant majority, comprising 63 per cent of the total 1.8 million pending employment-based green card applications in the country. This substantial backlog compounds the existing burden of 8.3 million pending applications within the family-sponsored immigration system.

Even if mortality and ageing out factors are taken into account, the estimated waiting time for Green Card processing remains an astonishing 54 years.

"About 424,000 employment‐​based applicants will die waiting, and over 90 percent of them will be Indians. Given that Indians are currently half of all new employer‐​sponsored applicants, roughly half of all newly sponsored immigrants will die before they receive a green card," the report noted.

However, the Biden administration has initiated measures to tackle the Green Card backlog. In March 2023, the administration unveiled plans to augment the annual Green Card quota by an additional 300,000. Furthermore, the administration has conveyed its commitment to developing a system aimed at prioritizing the allocation of Green Cards to family members of both US citizens and permanent residents.