For thousands of Indians hoping to settle permanently in the United States, the green card journey has turned into a waiting game that can stretch far beyond a decade. Even highly skilled professionals and applicants cleared for critical work often find themselves stuck in long backlogs — not because of slow paperwork, but because of the country-based quota system.
US immigration lawyer Brad Bernstein recently drew attention to this reality in a social media post, explaining that the green card timeline depends less on how quickly forms are processed and more on where an applicant was born.
Bernstein pointed out that Indian nationals face some of the most severe delays under employment-based categories.
He noted that even applicants granted National Interest Waivers — meaning the US government recognises their work as important — may still not receive residency anytime soon.
“If you’re from India and file today, you are looking at a wait of at least 13 years,” he said, highlighting how the system keeps even priority candidates in line for years.
He added that it raises an uncomfortable contradiction: people considered valuable to the US economy are still unable to enter permanently for more than a decade.
While India’s backlog is among the largest, Bernstein said applicants from countries like the Philippines also encounter multi-year queues.
He gave the example of a family sponsoring a nanny under the EB-3 category, where the waiting period could run to four years.
By the time the visa becomes available, he remarked, “the baby will already be in school.”
In sharp contrast, Bernstein explained that people born in lower-demand countries can often complete the process much faster.
He cited the UK as an example, where applicants may receive permanent residency in under a year in certain categories, particularly those that are currently open without backlog.
He also referenced proposals such as “gold cards,” which are expected to be fast-tracked compared to heavily oversubscribed categories.
Bernstein stressed that many immigrants confuse two separate parts of the green card system.
One is processing time — how long USCIS takes to review petitions and applications once someone is eligible. This includes:
- Form I-140 (employment petition)
- Form I-485 (adjustment of status)
- Consular processing at US embassies
In a normal scenario, this stage may take months or a couple of years.
But the second factor — and the one that dominates the Indian experience — is the visa backlog.
The US issues only a fixed number of green cards every year under the Immigration and Nationality Act. Both employment-based and family-sponsored visas are capped annually.
On top of that, there is a per-country ceiling: no single nation can receive more than about 7% of the total visas in most categories.
For countries with extremely high demand like India, this creates massive waiting lines that move slowly year after year.
The US State Department publishes a monthly Visa Bulletin to manage these queues. It lists:
- Final action dates (who can actually receive a green card now)
- Dates for filing (who can submit paperwork earlier)
Applicants are assigned a priority date, usually based on when their employer first filed the immigrant petition. Until that date becomes “current,” the green card cannot be issued — even if the paperwork is already approved.
An Indian professional applying under EB-2 in 2026 might see their petition processed quickly on paper.
Even if:
- The I-140 is cleared in six months
- The I-485 takes another year
They still cannot receive the green card until their priority date becomes current. For many Indians, that point may not arrive for 10 to 15 years.
This gap between processing speed and visa availability is what immigration experts call the backlog.
Family-sponsored green cards are capped at 226,000 visas per year. Employment-based visas are also numerically limited and divided across preference categories.
Importantly, spouses and children are counted within the same quota, further tightening availability for high-demand countries like India.
Along with China, Mexico and the Philippines, India continues to face visa prorating rules because demand consistently exceeds supply.
India’s waiting line remains far behind across most categories.
Family-sponsored final action dates
- F1: November 2016
- F2A: February 2024
- F2B: December 2016
- F3: September 2011
- F4: November 2006
Employment-based final action dates
- EB-1: February 2023
- EB-2: July 2013
- EB-3: November 2013
- EB-4: January 2021
- EB-5 unreserved: May 2022
- EB-5 rural and set-aside categories: Current
These dates underline the scale of India’s backlog: many applicants today are effectively waiting in a line that began more than a decade ago.
For Indians seeking US permanent residency, the challenge is no longer just meeting eligibility — it is surviving one of the world’s longest immigration queues.
Also Read: US Government Shutdown Halts H-1B and Green Card Processing, Indian Professionals Among the Most Affected https://www.vibesofindia.com/us-government-shutdown-halts-h-1b-and-green-card-processing-indian-professionals-among-the-most-affected/
