In mid- and late-August the State Department announced that it had allocated all available employment-based immigrant visas (green cards) for the first and third preference categories. The expectation is that the second preference also will run out before the end of the fiscal year, which is September 30. The first, second, and third are the most common of the employment-based green card categories. In brief, they are for individuals of extraordinary ability, outstanding professors and researchers, multinational managers, individuals with advanced degrees, professionals with bachelor’s degrees, and skilled and unskilled workers.
The quotas are allocated among the various categories according to a person’s place of birth. Each country is capped at seven percent of the overall amount, which has resulted in very lengthy backlogs for persons born in China and India. Persons born in most other countries sometimes have seen backlogs of a few months or several months. With USCIS and U.S. consulates abroad working furiously to allocate all available green cards in recent years, this year they’ve rather outdone themselves. That’s very good news for those who received their green cards but frustrating for those left in the queue.
Based upon this year’s progress, it appears that backlogs for all applicants will become more routine. Unlike prior years, when the “all other countries” category saw short delays, green card applicants might need to be prepared to wait a year or two. That’s certainly not on the order of ten or more years for a person born in India or China, but it will take some adjustment and advance planning to maintain nonimmigrant status (i.e. a work visa) while waiting in the U.S. to receive a green card.
This new development is yet another reminder of how we need comprehensive immigration reform. The quotas under existing laws are inadequate to meet employers’ needs for talent. Congress needs to take the bold step to pass immigration reform to allow the nation to attract and retain highly qualified individuals.