Nearly one million Indian nationals are currently in the U.S. employment-based green card backlog, with waits for certain categories extending to 179 years, according to a new analysis by the National Foundation for American Policy.
As of December 2025, nearly one million Indian nationals are trapped in the U.S. employment-based green card backlog, representing approximately 79 percent of individuals waiting in the country’s first three employment-based immigration categories, according to a report by the National Foundation for American Policy (NFAP), a public policy research organization. This situation highlights significant challenges within the U.S. immigration system, particularly for those seeking permanent residence through employment-based categories.
Understanding Employment-Based Categories
Indian professionals in the U.S. frequently apply for permanent residency through the employment-based EB-2 or EB-3 categories. The EB-2 category accommodates professionals with advanced degrees and those demonstrating exceptional ability in fields such as science, arts, or business. It also includes individuals with a bachelor’s degree accompanied by five years of progressive experience in a specialty area. The EB-3 category is broader, encompassing skilled workers, professionals, and other workers.
The backlog has reached alarming levels, with individuals whose employment-based immigration petitions or labor certification applications are filed in January 2026 or later potentially facing a staggering wait of 179 years for the EB-2 category and 38 years for EB-3, based on the NFAP analysis.
Statistics on the Backlog
NFAP estimates that as of December 2025, there were approximately 1,264,495 people awaiting employment-based green cards across the EB-1, EB-2, and EB-3 categories. Of this total, an estimated 731,566 individuals from India are in the EB-2 backlog, while another 213,414 are in the EB-3 backlog. Conversely, the EB-1 category, which targets highly accomplished professionals, has shown a decrease in backlog from about 71,988 in April 2020 to 51,619 by December 2025.
Growth of the Employment-Based Backlog
Overall, the employment-based immigration backlog in the U.S. has surged, increasing from an estimated 1,048,342 in April 2020 to 1,264,495 in December 2025, reflecting a rise of 20.6 percent. The EB-2 category has been identified as the largest component of the backlog, while the EB-3 category has experienced the fastest percentage growth among the three categories since April 2020.
Looking ahead, NFAP warns that if current immigration laws remain unchanged, the employment-based backlog could exceed two million by 2040, further complicating the immigration process for skilled workers.
Challenges Facing Indian Applicants
Two key constraints within U.S. immigration law are primarily responsible for the backlog: the annual employment-based immigrant visa limit of 140,000, which was established by Congress in 1990, and the per-country limit that restricts immigrant visas available to nationals of any single foreign country to no more than 7 percent of the total. This limitation disproportionately affects countries like India, China, and the Philippines, which have large populations of skilled professionals seeking permanent residence in the U.S.
According to NFAP, the disparity between visa approvals and the number of green cards issued exacerbates the backlog. For instance, in fiscal 2016, the U.S. Citizenship and Immigration Services (USCIS) approved 47,601 EB-2 applications from Indian applicants, translating to an estimated 98,594 individuals once dependents were included, yet only 4,407 individuals actually received permanent residency in that category. This discrepancy has added over 90,000 individuals to the backlog in a single year.
Implications of the August 2026 Visa Bulletin
The August 2026 Visa Bulletin illustrates the extent of the backlog for Indian applicants in major employment-based categories. To proceed with an adjustment-of-status application, an Indian applicant requires a priority date earlier than October 15, 2022, for EB-1, January 1, 2014, for EB-3, while the EB-2 category is marked as unavailable. Notably, the July 2026 Visa Bulletin had a cutoff date of September 1, 2013, for EB-2.
For applicants who filed in 2025 or 2026, the wait times are projected to be substantial, with estimates indicating a potential wait of 179 years for EB-2 and 38 years for EB-3, depending on future visa availability and potential changes in immigration law.
Growing Backlogs Despite Increased Green Cards
Interestingly, the NFAP report notes that the employment-based backlog has continued to grow even as the U.S. issued more employment-based green cards than the statutory annual limits between fiscal years 2020 and 2024. The typical annual allocation is 140,000, yet NFAP estimates that 980,460 employment-based green cards were issued during this period, compared to the expected total of 700,000. This increase occurred because unused family-sponsored immigrant visa numbers during the pandemic were reallocated to employment-based categories; however, these additional visas have proven insufficient to alleviate the backlog.
Need for Systemic Reform
The complexities of the immigration process extend beyond mere wait times, with many individuals requiring labor certification that can take two to three years before entering the green card queue. Additionally, the NFAP report indicates that average processing times for labor certification, including prevailing wage determinations, have added to delays, with the Department of Labor reporting average processing times of 403 days for analyst review and 290 days for audit review as of August 2026.
The prolonged waiting periods have significant implications for Indian professionals and their families, many of whom remain in temporary H-1B status, reliant on extensions and compliance with the immigration system. Stuart Anderson, executive director of NFAP, emphasized that the long waits for green cards not only create hardships for individuals but also hinder U.S. companies’ ability to attract and retain top talent.
Despite the challenges faced by employment-based immigrants, NFAP argues that the issue of long waiting times has received less attention than border enforcement and other immigration debates. The organization calls for legislative changes to address the root causes of the backlog. A proposal considered in 2022 to exempt certain individuals with advanced degrees from numerical limits and backlogs did not make it into final legislation, leaving the current system’s limitations intact.
Without significant reforms to U.S. immigration law, the challenges faced by Indian nationals seeking employment-based green cards are likely to persist, with demand continuing to outpace the available immigrant visa numbers each year.
