Indians May Be Able To Jump The Green Card Queue Thanks To A New Law In The US

According to the reports with the implementations of this Bill, the Indian diaspora, which is caught in a decade-long employment green Card backlog, can on payment of supplement feel cut through the queue and obtain their permanent visa.

The US government reserves 1.40 lakh green cards for employment-based applicants with a 7 percent cap for each country each year. Applicants of the H-1B visa for work are known to apply heavily from India.

What changes does the Bill make?

A large number of Indians are hired by US technology companies every year under the H-1B visa.

Current federal law prevents the American economy from accessing the entire international talent pool already working in the United States today. As a result, the United States’ competitive advantage over its global competitors is essentially a result of scientists, inventors, health care workers, scientists, and entrepreneurs.

If included in the reconciliation package and passed into law, it would relieve the agonizing wait for Indian IT professionals now stuck in the Green Card backlog.

The Reconciliation Bill will make the Indians move ahead in the process

In the Reconciliation Bill, a portion has explicitly been outlined that will give children whose parents are H-1B holders and over 21 years of age a chance to obtain permanent residency and citizenship. It has also taken care of the EB-5 visas. It is proving them the benefits of moving ahead in the process much smoother way than earlier.

No plans to make changes to the annual quota or cap

The United States government does not plan to raise the annual quota of H-1B visas or discontinue the cap affecting country-specific green cards, despite the heavy rush for H-1B visas. Therefore, in exchange for paying a $5,000 super-fee when filing a final adjustment of status applications, Indians in the employment green card backlog could waive the numerical limitations and apply for a green card.

To obtain a waiver from the green card cap, family immigrants with priority dates of more than two years and who wish to change their status to a green card may pay a super fee of $2500. The typical sponsorship family member is overseas, so they do not undergo the consular adjustment process.

Several top lawmakers made the recommendations

Aside from Krishnamoorti, several other lawmakers also supported this appeal. Any proposal meant to address longstanding immigration priorities must also provide relief for the approximately 1.2 million people who have already been made ineligible for Green Cards.

In a recent congressional hearing, representatives, including Indian-American Raja Krishnamoorthi, called on their peers to support their plan to reduce the Green Card backlog by implementing work-based credentials. In addition, Krishnamoorti and his colleagues presented a letter supporting budget reconciliation to House Speaker Nancy Pelosi and Senate Majority Leader Chuck Schumer.

Critical issues of the previous process to be taken care of 

A request was made to make sure this critical issue is raised immediately with leadership and included in the final package to help relieve high-skilled workers. To recover economically from COVID-19, we need to do so. It’s been decades that the process was causing hurdles for the Indian visa holders. So, the lawmakers have asked to take care of this and provide an efficient and smoother approach to the Indians who are in line for getting a green card.


An Indian’s chance to get a green card is a challenging one. The possibility of recapturing green cards for family members waiting overseas and unable to apply for adjustment of status will help those staying in the family backlog in America. There are numerous visas included in the Bill, which range from H1-B visas to EB-5 visas.

Further discussion on the Bill has yet to take place. In a budget reconciliation bill, lawmakers will determine if immigration provisions generate revenue or not.

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