Immigrant Visas for Indian Nationals: Over 1 Million Applicants Waiting | EB5 Visa Investments (2024)

For over a million Indian nationals who await their turn for immigrant visas, there is a significant bottleneck in the ever-competitive U.S. immigration system. These individuals have become entangled in a backlog that has been accumulating for years due to delays in the way immigrant visas for Indians are processed and approved.

Applications for employment-based Green Cards, particularly those in the EB-2 and EB-3 visa categories, are most affected by this backlog. Although it is well known that there is an overwhelming demand for employment-based Green Cards, Congress has annual limits placed on the number of Green Cards issued—this forms the root cause of the problem. As a result, an overwhelming number of Indian skilled workers and their families are left in a state of uncertainty, with waiting times for immigrant visas for Indians lasting well into decades.

In this article, we will examine the backlogged immigrant visa categories for Indian citizens and look at the best alternatives to get Green Cards in the U.S.

Immigration Backlog: The Indian Context

According to the figures provided by the United States Citizenship and Immigration Services (USCIS)—which were analyzed by the National Foundation for American Policy (NFAP)—as of November 2, 2023, of the total Indian nationals with approved Form I-140s (Immigrant Petition for Alien Worker), it is estimated that 1,259,443 Indians were in the top three employment-based immigration categories, namely EB-1, EB-2, and EB-3.

Source: USCIS, National Foundation for American Policy.

First Preference (EB-1)

The employment-based first preference category, also known as EB-1, includes exceptional workers, outstanding professors and researchers, and executives or managers of multinational corporations. It is estimated that 143,497 Indians (including dependents) are held up in this backlog.

Second Preference (EB-2)

The employment-based second preference category, also known as EB-2, is made up of individuals with exceptional knowledge and skills in sciences, arts, and business. Additionally, this category includes professionals with advanced degrees. In this backlog, approximately 838,784 Indians await processing, with an equal split between principals and dependents. According to USCIS data, the backlog in this visa category has increased significantly in recent years, by more than 240,000 over three years, representing a 40% increase.

Third Preference (EB-3)

Under the employment-based third preference category, also known as EB-3, skilled workers and professionals with a bachelor’s degree are eligible for immigration. The USCIS lists 138,581 principals as belonging to the employment-based third preference. There are an additional 138,581 dependents, bringing the total number of Indians in the third preference backlog to 277,162, according to NFAP’s estimations.

In total, approximately 1.2 million Indians are in the process of waiting for employment-based Green Cards.

Reasons for the Backlog

The lengthy wait is due to two major provisions in U.S. law: the annual limit of 140,000 on employment-based Green Cards and the rule that no country can receive more than 7% of those Green Cards.

According to a limit established by Congress in 1990, the number of employment-based Green Cards issued yearly is limited to 140,000, including dependents. This substantially extends the period for visa approval for a standalone individual because dependent visas are processed alongside the principal’s application, exhausting the annual quota sooner.

Furthermore, there is a 7% limit per country, which means that no single country can account for more than 7% of the total number of Green Cards issued each year. Given the larger populations and high demand in India, China, and the Philippines, the per-country limit greatly impacts their citizens.

According to the Visa Bulletin for May 2024, for instance, Indians are only eligible to receive their Green Card via the EB-2 visa if their application was submitted before May 15, 2012. For comparison, the date for filing for other countries (excluding China) to be eligible is February 15, 2023. While this gives an overall picture of how long an Indian applicant will have to wait, it is essential to note that the dates listed in the Visa Bulletin do not always advance monthly and may even reverse.

Impact of Immigration Delays

According to the USCIS data presented earlier, Indian workers will most likely remain in immigration limbo for an extended period of time, with their ability to stay in the country dependent on their work visa status.

Even though a majority of Indians have been living and working in the U.S. for years, many are still faced with the prospect of leaving if their jobs are terminated or if they are unable to maintain their visa status. Furthermore, if Indian parents do not obtain Green Cards by the time their children turn 21, the children risk losing their dependent status, which can effectively rule them out of the immigration process.

The implications of this backlog are far-reaching, including for American businesses that rely on skilled Indian workers to fill critical roles. Many of these workers hold advanced degrees and contribute significantly to the U.S. economy, particularly in the fields of medicine and technology.

Where Do Indian Applicants Go from Here?

Several proposals have been made to address this backlog, including increasing the annual cap on high-skilled visas and reclaiming visas that were not utilized in previous years. However, the implementation of these proposals has stalled, leaving many skilled workers and their families concerned about their immigration prospects.

Without congressional action, the backlog is expected to increase. According to estimates from the Congressional Research Service (CRS), the backlog of Indians in the three employment-based Green Card categories is expected to reach approximately 2.1 million by 2030, likely to take an inconceivable 195 years to clear.

Alternative Solution: EB-5 Visa

The employment-based fifth preference category, or EB-5, is an immigrant investor visa that has a higher level of certainty than other immigrant visas. Through participation in the EB-5 Immigrant Investor Program, which was established in 1990, Indian investors can acquire a Green Card by investing a minimum amount of capital in a new commercial enterprise in the U.S. that meets the requirements.

Depending on the project’s location, foreign nationals must invest either $800,000 or $1.05 million to be eligible for the EB-5 visa. Projects in targeted employment areas (TEAs), areas with high unemployment rates or designated rural areas, are eligible for the lower investment amount. In addition to the minimum investment, the project must create or maintain a minimum of ten full-time jobs for eligible workers in the U.S.

The majority of EB-5 investments are conducted through EB-5 regional centers, USCIS-designated entities that are designed to promote economic growth in the United States. Real estate developments are the most popular type of EB-5 projects.

As previously stated, other immigrant visas are notoriously difficult to obtain and uncertain due to their reliance on annual quotas and long delays. Although the unreserved EB-5 visa category is also backlogged for Indian nationals as of May 2024, thanks to the EB-5 Reform and Integrity Act of 2022 (RIA), new investors who choose rural EB-5 projects can benefit from the priority processing of their Form I-526E applications and start their process right away.

Also under the RIA, eligible Indian investors who are already in the U.S. in valid visa status can file their Form I-485 (Application to Register Permanent Residence or Adjust Status) at the same time as their I-526E, bypassing the wait time between the two applications. While waiting for their I-485 to be processed, they can get employment authorization documents and travel permits, and once they receive their two-year conditional Green Cards, they enjoy all the benefits of a U.S. Green Card holder, along with their dependents.

This makes the immigration process of Indian investors more predictable and leads to unconditional lawful permanent residency, with the eventual opportunity to apply for U.S. citizenship.

Working with Industry Experts

Given the current circ*mstances, comprehensive immigration reform is both urgent and critical. Legislators must collaborate to enact reforms that address the current backlogs and establish a more efficient and equitable immigration system that benefits both immigrants and the country regarding immigration. Until then, EB-5 could be a viable answer.

While navigating the complexities of U.S. immigration, it is crucial to retain an experienced immigration attorney and work with industry experts at every step of the process.

EB5AN has helped more than 2,300 families from 60 countries relocate to the U.S. as lawful permanent residents. Our expert team has more than a decade of experience and offers clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate to date.

If you need more information about how to apply for the EB-5 program or would like our opinion on your application, feel free to book a one-on-one call with our EB-5 team.