US EB-2 Green Card Backlog Hits 179-Year Wait as Indians Face 91% Share

The National Foundation for American Policy estimated that Indian nationals made up 79% of the people waiting in the first three employment-based preference categories, and projected a 179-year wait for Indian EB-2 applicants filing from January 2026. The 91% figure in the headline does not match that analysis.

The August analysis counted 996,599 people from India among 1,264,495 people in the first three employment-based queues, a combined figure rather than an EB-2-only share. The projection for Indian EB-3 applicants filing from January 2026 was 38 years. The estimate is stark.

Without legislative changes, the employment-based backlog could top two million by 2040, the foundation projected. The queue reflects high demand alongside annual visa limits and a per-country ceiling: U.S. law limits any one country to seven per cent of employment-based Green Cards issued annually.

The State Department said on May 22, 2026, that it had issued all EB-2 immigrant visas available for India-chargeable applicants for fiscal 2026. The fiscal-year cap has since reset, but India’s priority dates remain far behind those of most other countries.

October’s filing chart puts India’s EB-2 date in 2015

The October 2026 USCIS filing chart sets out the dates applicants may use to file adjustment-of-status applications. It is not the same as the final action date used to approve a green card. The gap is substantial.

India’s filing date is more than a decade earlier than the dates shown for most other listed countries. USCIS’s October adjustment-of-status filing chart lists these EB-2 dates:

The India final action date had moved back to September 1, 2013, in the June 2026 Visa Bulletin, while most other countries were current. Filing a case does not mean a visa number is available for final approval.

The FY 2026 cap stopped approvals, not pending cases

The annual limit for EB-2 India ran out before the fiscal year ended. Embassies and consulates could not issue new EB-2 visas to India-chargeable applicants for the rest of FY 2026, and USCIS could not approve their adjustment applications until numbers became available.

The law assigns EB-2 28.6 percent of the worldwide employment-based visa allocation under INA Section 203(b)(2). INA Section 202(a)(2) sets a seven-percent cap for natives of any one country across employment-based and family-sponsored visas, with category allocations apportioned under INA Section 202(e).

Cases waiting for numbers were not denied. The annual limits restarted on October 1, 2026, allowing visa issuance and adjustment adjudications to resume, but the reset did not make every priority date current. Applicants may still receive other benefits while they wait.

Manifest immigration attorney Nicole Gunara advised applicants not to panic. She said the government could still accept a case, schedule interviews and issue separate benefits, including advance parole or a work permit, even when it could not grant the green card. WR Immigration also noted that eligible applicants may gain H-1B extension flexibility beyond normal limits and job portability under AC21 while waiting for a visa number.

PERM processing remains a separate stage in the queue

Labor certification is one part of the employment-based process, and the Department of Labor’s FY 2025 figures show a large pending caseload even as receipts declined. Analyst review averaged 336 days in the department’s August 2026 data.

FY 2025 receipts fell about 22% from the prior year. Software developers accounted for 22.7% of certifications, or 31,415 cases. Computer systems analysts received 6,345 certifications and data scientists 4,366. California recorded 24,409 certifications, 17.7% of the total, while Texas had 14,138, or 10.2%.

A proposed H-1B change could add scrutiny during the wait

A separate Department of Homeland Security proposal published October 14, 2026, would remove the requirement in 8 CFR 214.1(c)(5) for USCIS to give “deference to a prior approval” when an extension petition involves the same parties and underlying facts. The proposal is not final, and current rules remain in force until a final rule takes effect.

DHS estimates the change could prompt about 6,044 additional requests for evidence each year and nearly $133,987 in added annual costs for petitioners. The comment period closes November 13, 2026.

Immigration attorney Bhumireddy Sai Srinivas Reddy said removing deference would not change green-card queue positions or automatically invalidate existing H-1B approvals. But he warned that later petitions could face renewed scrutiny while applicants wait for permanent residence. Rajiv Dabhadkar, founder of the National Organisation for Software and Technology Professionals, also commented on the proposal. USCIS data showed Indians accounted for about 70 per cent of H-1B beneficiaries in fiscal 2025.

Gottheimer tied the backlog figures to a push against country caps

Congressman Josh Gottheimer highlighted the backlog figures after an October 6 roundtable at the Palisades Park Library in northern New Jersey. Assemblywoman Shama Haider, River Edge Councilwoman Priti Dhariwal and Yogi Virk, president of the Sikh Chamber of Commerce, took part. Gottheimer has voted to eliminate per-country caps on employment-based Green Cards, his office said.

He also pointed to the Sikh American Anti-Discrimination Act, introduced in January 2026 with Republican Congressman David Valadao of California. The bill would create a Justice Department task force on anti-Sikh discrimination, establish a federal definition of anti-Sikh hate, develop educational programs and require an annual report to Congress. Gottheimer’s office said New Jersey is home to roughly 100,000 Sikhs.

Gottheimer said the community’s diversity was matched by a shared commitment to strengthening local communities, adding: “But celebrating this community isn't enough.” The H-1B proposal’s public comment period is set to close November 13, 2026.