“Current law caps the number of employment-based green cards that can be granted each year at 40,000. That is far fewer than the demand for green cards in that category. Making matters worse, nationals from any one country can be granted only 7 percent of the total.
As a result of that rule, a very small share of high-skilled professionals from India and China are able to land green cards even when their petitions have been approved. These two countries send America the bulk of our imported high-skilled talent, typically on H-1B visas. Meanwhile, the green card quotas for countries that don’t send much high-skilled talent to the U.S. go unfilled.
The upshot is that an estimated 800,000 immigrants who are working legally in the United States are waiting for green cards, an unprecedented backlog in employment-based immigration. The vast majority are Indians; Chinese are the next biggest category.
An Indian national who applies for a green card now might wait 50 years (or more) to get one. Under current policy, the Cato Institute’s David Bier estimates, 200,000 Indians will die of old age while waiting for green cards. The children of such workers qualify for dependent visas until they turn 21, at which point they become “legal Dreamers”—people who have grown up in this country but can’t qualify for permanent residence.”