Understand the current backlog, why it exists, and what options you have to reduce your wait time.
Indian and Chinese nationals face the longest green card waits in the world — often exceeding a decade for employment-based categories. The backlog is driven by per-country visa caps that haven't been updated since 1990, combined with massive demand from these two countries. Understanding the backlog and your options is essential for long-term planning.
As of the latest visa bulletins, EB-2 India has a backlog exceeding 10 years, with priority dates from the early-to-mid 2010s currently being processed. EB-3 India faces similar delays. China's EB-2 backlog is shorter but still significant at approximately 3–5 years. EB-3 China waits are comparable. These timelines mean that someone filing a PERM application today from India may not receive their green card for 15+ years under current conditions.
U.S. immigration law limits each country to approximately 7% of total employment-based green cards per year — about 9,800 visas per country across all EB categories. India alone generates more EB applications than the entire worldwide allocation. This per-country cap, unchanged since the Immigration Act of 1990, creates a structural bottleneck that grows larger each year as more Indian and Chinese workers enter the H-1B pipeline.
EB-1 categories (EB-1A for extraordinary ability, EB-1B for outstanding researchers, EB-1C for multinational managers) typically have shorter backlogs than EB-2 and EB-3. For Indian nationals, EB-1 wait times are often 2–4 years versus 10+ for EB-2. If you qualify for EB-1, it can cut your wait time significantly. EB-1A allows self-petitioning without an employer, making it particularly flexible.
The EB-2 National Interest Waiver lets you self-petition without employer sponsorship. While it's in the same EB-2 queue as PERM-based cases, NIW gives you independence from your employer for the green card process. You can file while continuing to work on H-1B and even change jobs without restarting. This is a popular parallel strategy for Indian and Chinese applicants already in the EB-2 PERM queue.
Several bills have been introduced in Congress to address the backlog, including proposals to eliminate per-country caps entirely (like the EAGLE Act and Fairness for High-Skilled Immigrants Act). While these bills have received bipartisan support, none have been enacted as of 2025. The political landscape around immigration reform remains uncertain, so it's unwise to rely on legislative changes for your immigration planning.
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Search H-1B Sponsors on Wisa →As of 2025, EB-2 and EB-3 backlogs for Indian nationals exceed 10 years. Priority dates from the early-to-mid 2010s are currently being processed. Someone filing PERM today may wait 15+ years for a green card under current per-country caps.
U.S. law caps each country at about 7% of employment-based green cards (~9,800 per year). India and China generate far more applications than this cap allows. The law hasn't been updated since 1990, while demand from these countries has grown dramatically.
Several strategies can help: qualify for EB-1 (shorter backlog), file EB-2 NIW in parallel, pursue dual EB-2/EB-3 filing, file I-485 early for EAD/AP benefits, or consider EB-5 investment. Starting your PERM process as early as possible is the most impactful step.
Bills like the EAGLE Act have been introduced with bipartisan support to eliminate per-country caps, but none have been enacted as of 2025. While legislative change is possible, it's not guaranteed — plan your immigration strategy based on current law, not anticipated reforms.