More than 1.2 million people are waiting for employment-based Green Cards in the United States, with Indian nationals accounting for nearly 80% of the backlog, according to an estimate cited by US Congressman Josh Gottheimer.
Gottheimer, a Democrat representing New Jersey’s Fifth Congressional District, highlighted the delays following a roundtable with Asian American and Pacific Islander (AAPI) community leaders on October 6 at the Palisades Park Library. His office released details of the meeting on October 12.
An analysis by the National Foundation for American Policy (NFAP), a US-based research organisation, estimated that 996,599 Indians were among 1,264,495 people waiting in the first three employment-based Green Card categories as of December 2025.
The analysis projected that an Indian national whose labour certification application or employment-based immigrant petition was filed in January 2026 or later could face a wait of 179 years under the EB-2 category. The projected wait under EB-3 was 38 years.
These are estimates based on the existing immigration system and projected demand, not official processing-time guarantees for individual applicants.
Visa Caps Drive Green Card Backlog
The backlog reflects a mismatch between demand for employment-based permanent residency and the number of visas available each year. US law sets an annual limit on employment-based immigrant visas and generally restricts each country to 7% of the combined employment-based and family-sponsored preference limits.
The restrictions disproportionately affect applicants from India, where demand for employment-based immigration exceeds the number of visas available under the country-specific limits.
The EB-2 category covers professionals with advanced degrees and people with exceptional ability, while EB-3 includes skilled workers, professionals and certain other workers.
The US State Department confirmed in May that all available EB-2 immigrant visas for applicants chargeable to India had been issued for fiscal 2026. The annual limits reset at the start of fiscal 2027 on October 1, although the reset does not eliminate the accumulated backlog.
NFAP has warned that the employment-based backlog could exceed two million people by 2040 if immigration law remains unchanged.
Gottheimer said he had voted to eliminate the per-country caps on employment-based Green Cards. He argued that border security and enforcement of immigration laws could coexist with fair treatment of people seeking to live and work legally in the United States.
Congressman Raises Other AAPI Concerns
The Green Card backlog was among several issues Gottheimer discussed with community representatives during the roundtable, which covered immigration, small-business financing, healthcare, public safety and discrimination.
His office said a Small Business Administration policy that took effect on March 1 no longer allows the agency to back loans to businesses with any non-US-citizen ownership. Under the policy described in the release, even a 1% ownership stake held by a Green Card holder can disqualify a business.
The office cited SBA figures showing that the agency backed 8,900 loans worth $7.2 billion to Asian-owned businesses in fiscal 2024.
Gottheimer also raised concerns about immigration-related restrictions under the One Big Beautiful Bill, which he opposed. His office said roughly 300,000 New Jersey residents could lose Medicaid coverage or become unable to obtain it, largely because of paperwork requirements.
The congressman also highlighted the Sikh American Anti-Discrimination Act, introduced in January 2026 with Republican Congressman David Valadao of California. The proposed legislation would establish a Justice Department task force on anti-Sikh discrimination, define anti-Sikh hate at the federal level, develop educational programmes and require annual reporting to Congress.
New Jersey is home to approximately 100,000 Sikhs, according to Gottheimer’s office.
The congressman co-chairs the American Sikh Congressional Caucus and is a member of the India Caucus. His Fifth Congressional District has approximately 127,000 Asian American residents, accounting for about one in six people in the district, according to his office.