US Immigration News

Why Is There a Decline in Employment-Based Green Cards?

2 minute read
"The US government will fail to issue many family-based and employment-based Green Cards this year. According to the Department of State’s estimates, around 100,000 employment-based Green Cards and 150,000 family-based Green Cards are expected to go unused by the end of the 2021 fiscal year, that is, September 30, 2022."
Written by My Visa Source Team
Published on:  Nov 3, 2021
green card on top of us flag background my visa source
Begin your immigration journey now
Click and fill out a free online assessment to see how we can help you. It takes less than 1 minute to fill out.
Free Assessment
Call and speak to our team, so that they can book a time with a licensed immigration professional who will answer all your questions.
Call Us Now
Author info:

The US government will fail to issue many family-based and employment-based Green Cards this year. According to the Department of State’s estimates, around 100,000 employment-based Green Cards and 150,000 family-based Green Cards are expected to go unused by the end of the 2021 fiscal year, that is, September 30, 2022. This is the second year in a row that 100,000 family-based Green Cards will go unused.

Why Are Permanent Resident Cards, Green Cards Going Unused?

According to the US Immigration Law, currently, the US Citizenship and Immigration Services (USCIS) can grant US permanent residence to around 675,000 new immigrants every year. Normally, 480,000 visas out of this are reserved for family-based Green Cards. Another 55,000 goes to the winners of the Diversity Visa Lottery Program and 140,000 to employment-based Green Cards. Every year, all unused Green Cards under the family preference categories are added to the allotment of employment-based visas for the next fiscal year. 

Now, due to the policies of the Trump administration and the onset of the global pandemic leading to the closure of US Embassies and Consulates abroad, around 122,000 family-based visas went unused in 2020. This raised the hopes of the thousands of people stuck in a backlog in the employment-based visa categories as the visa allotment cap for 2021 was raised to 262,000 from 140,000. 

However, due to the massive backlogs faced by the US immigration system, it seems that these additional visas will be lost forever unless Congress decides to make them available immediately to current applicants. The allocation of the additional visas to the employment-based category presents an opportunity for the Biden Administration to clear the backlog. However, it seems likely that they will let this opportunity go unused.

What Is the Reason for the Massive Backlogs Faced by the USCIS?

The US Immigration Law places a 7% visa cap on countries, meaning that immigration from one specific country can not exceed more than 7% of all the immigration visas issued in a fiscal year. Due to this, applicants from countries with a high immigration rate to the US, for example, Mexico and India, face huge backlogs. These applicants have to wait for years at a time for a Green Card to become available. As of September 21, the USCIS is still processing family-based visa applications for Mexican brothers and sisters of US citizens filed in February 1999. The employment-based visa applications filed in January 2014 by Indian applicants are still being processed. 

Questions About Immigration? My Visa Source Has Answers.
My Visa Source stays updated on all immigration news and announcements across Canada and the United States, including sudden changes in government law. Our legal solutions help individuals, families, businesses and investors from North America and around the globe.
Get The Personalized Help That You Need and Deserve!
Securing personalized legal help is quick and simple. Begin with our one-minute online immigration assessment form or call us toll-free at 1-888-509-1987. Book a personal consultation to speak with an award-winning immigration lawyer either in person, over the telephone, or through a video conference. We're open 6am-9pm PST & EST, 7 days a week and are ready for in person, phone, and video consultations.
US Flag
Latest Articles from Immigration Magazine