June 7th, 2023 at 02:12 am
WELL EXPLAINED: US Official Explains Reasons for Lengthy Green Card Wait Time
A senior US official reveals why Indians, Chinese, Mexicans, and Filipinos wait longer for Green Cards. Learn how the country-based quota system and Congressional limits limit Green Card issuance and cause significant wait periods.
A top USCIS officer detailed why Indians, Chinese, Mexicans, and Filipinos must wait so long for Green Cards.
In a State Department virtual town hall, Douglas Rand, Senior Advisor to the USCIS Director, blamed the high wait times on the country-based quota system, which Congress can only reform.
Quota System and Congressional Limits
Douglas Rand, Senior Advisor to the Director of USCIS, noted that the country-based quota system, which can only be modified by Congress, is the main reason people from India, China, Mexico, and the Philippines have to wait so long and painfully for Green Cards.
He said Congress limits family-sponsored choice Green Cards to 2,26,000 per year worldwide. 1,40,000 employment-based Green Cards are allowed annually.
Each country’s limit is 7% of the annual family-sponsored and employment-based preference limitations.
Implications for Applicants
Indians, Chinese, Mexicans, and Filipinos wait longer than others since there aren’t enough spots. Rand added that Green Card applicants must wait since demand exceeds the supply of 25,620 per country.
Congress can adjust the annual restrictions, but citizens want more Green Cards. Green Card applicants must wait a long period.
Retrogression and Visa Bulletin
The State Department employs a cut-off date in the Visa Bulletin to ensure Visas are used within annual restrictions and category-specific thresholds. Visa keeps inside its limitations.
Rand said retrogression occurs when visa demand exceeds legal limits. Non-citizens seeking a change of status or permanent residency cannot get a visa.
Retrogression Benefits
Rand noted that retrogression can be difficult, but candidates can still receive benefits. Applicants can acquire advance parole to go abroad and a non-company-specific work visa.
After 180 days, applicants can transfer their job offer to a new employer. Children who want a status change may not be 18 until a particular age.
While applying, people are usually considered to be staying legally.
Efforts to Improve Data and Inventory Reports
Rand said the US government will improve employment-based modification of status data. He said they want to resume regular inventory reports to make the system more transparent and equitable.
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