Indian H-1B visa holders face worst delays in US green cards: Decoded
By Surbhi Gloria Singh — New Delhi
6 min read | Last Updated : Mar 28 2025 | 12:56 PM IST
Indian nationals continue to be the largest group of recipients of the H-1B visa in the United States. In the 2023 financial year, around 191,000 H-1B visas were granted to Indian professionals. That number rose to about 207,000 in FY 2024. But once the visa is secured, the next hurdle looms large—permanent residency. For Indians, that means years, even decades, of waiting.
According to US government data, more than one million Indians are in employment-based immigration backlogs. The figures, published by US Citizenship and Immigration Services (USCIS), show that a large number of highly skilled workers from India are stuck due to annual caps and a per-country limit.
These delays, experts say, cause personal stress, disrupt family lives, and impact the US’s ability to retain skilled talent.
One man, eight H-1Bs, no green card
Earlier this month, Emily Neumann, an immigration attorney and managing partner at Reddy Neumann Brown PC, shared a case on X (formerly Twitter) that captures the situation many Indians face.
“Reviewing an H-1B transfer petition this afternoon, and I am again reminded of the inequities in our employment-based immigration system,” Neumann wrote. “The worker came to the US in 2010, has had 8 H-1B petitions filed on his behalf, obtained 6 visa stamps at the consulate, started his green card process 15 years ago, has 2 I-140 approvals, and it may still be another 5 years before a green card becomes available to him. Despite this, with his current employer change, he faces the hurdle of securing yet another approved I-140.”
Neumann said his wife had also gone through four H-4 renewals, four visa stamps, and five employment authorisation document (EAD) applications.
“This long, drawn-out process is solely because they were born in India instead of any other country in the world. Anyone else would have not only had their green card by now, but would likely be a citizen,” she added.
Last year, she wrote about another client who had to renew his H-1B visa five times while waiting for his green card. “He’s been with the company for 16 years. Still no green card solely because he was born in India.”
An H-1B denial, layoff or economic downturn could mean being forced to leave the country despite years of residence.
“Chase for the green card is like an endless marathon”
“Imagine running a marathon, but after 26 miles, you’re told you still have another 26 to go—simply because of where you were born,” Varun Singh, managing director at XIPHIAS Immigration, told Business Standard. “That’s the reality for thousands of highly skilled Indian professionals stuck in an immigration queue that has nothing to do with merit, experience, or contribution to the US economy.”
Ajay Sharma, an immigration expert, told Business Standard that “the maximum number of H-1B visa holders are Indian. So, obviously, when difficulties arise, they’re the ones who face the most issues.”
Sharma explained that the transition from H-1B to green card is where India gets caught in the retrogression system. “In any category, if 7% of the annual quota is reached by one country, retrogression kicks in. So, when new applicants join the queue, their applications get further delayed.”
“This has been going on for a long time,” he said.
Country caps creating bottlenecks
According to Singh, the green card backlog is a direct result of outdated country-specific quotas. “The system allots the same number of green cards to India as it does to countries with far fewer applicants. The result is a bottleneck spanning decades. Meanwhile, workers from many other countries complete the process in a fraction of the time.”
Singh pointed out that India produces a high volume of STEM talent, yet workers are held back by rules that haven’t changed in decades.
What changes could make it better?
He listed four key changes that could ease the situation:
- Remove or increase the annual cap to reflect actual labour demand
- Scrap per-country green card limits so nationality doesn’t determine wait time
- Automatically grant work rights to H-4 spouses to reduce financial strain on families
- Let workers switch employers without putting their visa status at risk
“These would reduce exploitation, allow more flexibility, and give people a clearer path forward,” Singh said.
Canada, Australia and Germany benefit
With delays growing, other countries are becoming more attractive.
“The US immigration system is forcing some of the world’s best talent to look elsewhere,” said Singh. “Canada, Australia, and Germany have emerged as strong alternatives, offering faster processing, clear pathways to permanent residency, and policies that attract entire families, not just workers.”
Examples include:
- Canada’s Express Entry system, which offers permanent residency within 6 to 12 months
- Australia’s Global Talent Visa for highly skilled professionals
- Germany’s EU Blue Card, which leads to permanent residency in under three years
“The irony? Many of these Indian professionals were trained in US universities but end up driving innovation in competitor economies,” he said.
Desperate workarounds
For some, the delays become too much. According to Manmeet Kaur, partner at Karanjawala & Co, “The slow and uncertain visa queue can push some individuals toward irregular methods, such as overstaying visas or seeking unauthorised employment.”
The desperation can push people to try loopholes or risky workarounds.
“We’ve seen cases where skilled workers:
- Overstay visas because leaving isn’t an option
- Accept exploitative contracts in return for immigration help
- Look for alternatives like the EB-5 investor visa—but not everyone can afford it,” Kaur said.
“If the system were fair and predictable, such desperate measures wouldn’t even be a consideration,” said Kaur.
Cost of delay for employers
The uncertainty doesn’t only affect workers.
“Some employers may grow reluctant to sponsor Indian workers due to the costly and time-consuming administrative burdens and delays in the process,” said Kaur. “The cost and complexity, especially with longer waits for Indians, might deter smaller firms, though larger companies often still see value in their skills.”
Yet, many companies continue to sponsor Indian workers, valuing their expertise and contributions.
“It’s not an entitlement”
Sharma noted that immigration policy always depends on who’s in power.
“The thing about immigration and visa processes is—when everything is going smoothly, no one complains,” he said. “It’s important to remember that granting a visa or immigration rights is entirely up to the country; it’s not an obligation.”
He added, “Yes, it’s normal for policies to shift after a new government takes office. Sometimes they’re liberal, sometimes restrictive. In the case of the US—and most other countries—it’s currently restrictive.”
“The moment someone applies for a work visa or PR abroad, they enter a zone of uncertainty. That’s just part of the process. You have to be ready for any outcome—including delays,” he said.
And his advice?
“Rather than complaining about these situations, it’s better to explore alternatives that can offer immediate solutions for now. Take a breath, have some coffee, and wait for the dust to settle.”
