EB-3 & EB-2 Green Card Backlog 2026: Why Indian Applicants Face 8-Year Disadvantage

The United States green card backlog creates a stark disparity for Indian nationals applying under employment-based preference categories EB-2 and EB-3. Unlike applicants from most other countries who may receive green cards within months or a couple of years, Indian-born applicants routinely wait decades due to per-country annual limits established under the Immigration and Nationality Act. The root cause lies in the per-country cap system, which limits any single country to no more than 7% of the total employment-based green cards issued each year. With India consistently submitting the highest volume of employment-based petitions—driven largely by the IT and skilled labor sectors—the available quota is exhausted almost immediately, pushing priority dates back by years or even decades for Indian nationals. For EB-3 applicants from India, the November 2026 Visa Bulletin shows a priority date that is significantly behind those for applicants from other countries, with the EB-2 category advancing approximately 3 months and EB-3 advancing around 5 months this cycle. Despite incremental forward movement, Indian nationals in both categories still face multi-year waits even as applicants born in countries with lower demand may see their cases resolved in under a year. This structural disadvantage has significant practical consequences. Indian nationals holding H-1B visas who are caught in the EB-2 or EB-3 backlog face ongoing uncertainty around job changes, travel, and long-term planning—sometimes for a decade or more. Many must maintain valid nonimmigrant status continuously while awaiting adjustment of status, adding complexity and cost to an already lengthy process. Experts and immigration advocates have long called for legislative reform, including elimination or significant modification of the per-country cap system. Bills such as the Equal Access to Green Cards for Legal Employment (EAGLE) Act have been introduced in Congress to address the backlog, but comprehensive reform has yet to pass. For now, Indian EB-3 and EB-2 applicants are advised to file petitions as early as possible and consult with experienced immigration counsel to manage the long-term implications of the wait.