H-1B Visa and Green Card Backlog: Why Tech Giants Are Urging Immigration Reform

Why Major U.S. Tech Companies Are Advocating for Green Card Reform

On February 24, 2021, President Biden lifted the visa freeze imposed by the previous administration during the COVID-19 pandemic, reigniting hopes for thousands of skilled foreign workers seeking permanent residency in the U.S.

This reversal was part of a broader immigration reform agenda aimed at streamlining the visa and green card application process, facilitating reunification of families, and supporting the U.S. workforce.

Under the Trump administration, freezes on green cards and various work visas—including H-1B, H-4, H-2B, L-1, and J categories—were implemented to protect American jobs during the pandemic. However, this policy hindered many qualified foreign professionals from contributing to the U.S. economy and reuniting with their families.

The Trump-era restrictions intensified the already significant backlog in the H-1B visa-to-green card pipeline, a challenge tech companies have sought to address for years without much success.

Key Highlights

• In 2023, the H-1B visa-to-green card backlog reached a record 1.8 million applicants.
• The backlog worsened due to the Trump administration’s visa freezes amid COVID-19.
• President Biden reversed these bans and proposed immigration reforms to modernize visa and green card processes.
• Tech firms have long advocated for changes to the H-1B visa system, which allows temporary employment for highly skilled foreign workers.
• H-1B visas have a six-year limit, and the path to permanent residency is prolonged due to limited visa availability and high demand.

Impact of Green Card Backlog on Tech Industry

The H-1B visa program enables U.S. tech companies to employ skilled foreign workers temporarily—initially for three years, renewable once, totaling six years. After this period, if workers have not obtained permanent resident status (green card), they must leave the country.

Unfortunately, the green card system prioritizes family reunification over employment-based immigration, limiting the number of green cards available to tech workers. In fiscal year 2021, 61% of green cards were granted to family members of U.S. citizens, while only 26% were employment-based.

For tech companies keen on retaining foreign talent, sponsoring green cards is essential. However, per-country caps significantly restrict the number of green cards issued to applicants from countries with large populations like India and China, creating lengthy wait times and hindering U.S. competitiveness.

This bottleneck has led major corporations—including Microsoft, Meta, IBM, Intel, and others—to lobby for legislative reforms addressing these challenges.

Critical Concern

The prolonged wait for permanent residency forces tech companies to lose valuable employees as their H-1B visas expire after six years.

Immigration Reform Efforts: Biden vs. Trump Administrations

The Biden Administration

On his first day in office, President Biden introduced the U.S. Citizenship Act of 2021, aiming to create pathways to citizenship, enhance labor protections, and reform visa processes. This legislation proposed an eight-year path to citizenship for nearly 11 million undocumented immigrants and streamlined legal status for agricultural workers and DACA recipients.

Although the bill did not pass during the 117th Congress, it signaled a strong commitment to overhauling the immigration system.

The Trump Administration

Trump’s administration implemented visa and green card freezes starting in June 2020, extending the 2017 "Buy American, Hire American" executive order focused on prioritizing U.S. workers. Proposals like the Build America visa aimed to modernize immigration by increasing skilled worker intake and reducing family-based immigration but were never enacted due to the pandemic and administration change.

1.8 Million

The employment-based green card backlog as of 2023.

Understanding the Green Card Queue

The green card application process is complex, especially for applicants from highly populated countries competing for a limited number of employment-based green cards—approximately 140,000 annually.

Applicants are categorized into five preference levels, with most tech professionals qualifying under the EB-2 category for advanced degree holders. Due to the 7% per-country cap, applicants from countries like India face extensive wait times, causing the backlog to swell.

Despite the pandemic causing delays, employment-based green card issuance doubled in fiscal years 2021 and 2022, with over 280,000 cards granted each year.

Case Study: India

In 2018, Indian nationals with advanced degrees faced estimated wait times of up to 151 years for permanent residency. By 2023, Indians accounted for 1.1 million of the 1.8 million total backlog cases.

Applicants must wait in line until their priority dates become current. For example, as of February 2021, Indian EB-2 applicants with petitions filed after October 12, 2009, were still waiting to apply, whereas Chinese EB-2 applicants with petitions before June 15, 2016, could proceed.

Additionally, family members of H-1B workers on H-4 visas are also subject to these caps, further complicating the process.

Pro Tip

The Diversity Immigrant Visa (DV) Program, or green card lottery, offers 50,000 visas annually to applicants from countries with low immigration rates to the U.S., providing a limited but valuable opportunity for some.

Tech Industry’s Pushback Against Per-Country Limits

Congress introduced per-country green card limits in 1965 to prevent racial bias, but these caps now create significant delays for tech firms and their employees, causing uncertainty and stress.

Over 80% of employment-based green cards are issued to individuals already in the U.S. adjusting status from temporary visas, meaning many workers remain in limbo for years as their employers seek visa extensions.

Criticism of Per-Country Caps

Microsoft President Brad Smith has criticized these limits as unfair and called for increasing employment-based green cards to reduce backlogs and meet the demands of today’s economy for top global talent.

He emphasized, "Our colleagues in the green card backlog have waited far too long, and their families are bearing the burden."

Concerns Over Lengthy Citizenship Pathways

Todd Schulte, president of the advocacy group FWD.us, co-founded by tech leaders like Mark Zuckerberg and Bill Gates, stressed the need to eliminate the green card backlog to help skilled immigrants achieve citizenship.

The uncertainty surrounding H-1B and H-4 visa programs has also prompted some foreign talent to seek opportunities abroad, notably in Canada, threatening U.S. tech competitiveness.

Challenges from Frequent Immigration Policy Changes

In 2018, the Business Roundtable, representing CEOs from companies like Apple, Salesforce, and IBM, highlighted how frequent policy shifts disrupt immigrants and sponsoring businesses alike, urging stability in immigration rules to avoid unnecessary costs and complications.

Prospects for Immigration Reform

Despite strong lobbying from tech companies, comprehensive reform remains uncertain. The Biden administration aims to modernize the system, but legislative progress takes time.

Previous efforts, such as the 2019 Fairness for High-Skilled Immigrants Act to remove per-country caps, failed amid concerns that it would disproportionately benefit applicants from India and extend wait times for others.

Critics argue that eliminating caps could replicate the imbalances seen in the H-1B visa program, where Indian nationals dominate.

Frequently Asked Questions

What is the Green Card Backlog?

The backlog refers to the over one million individuals approved for green cards but unable to apply due to visa number limitations and per-country caps.

How Many Indians Are Waiting for Green Cards?

According to the Cato Institute, Indians constitute about 1.1 million of the 1.8 million people in the employment-based green card backlog.

What Is the Current Green Card Wait Time?

Wait times vary by visa category and country of origin, with updates regularly published by the U.S. Department of State.

How Many Employment-Based Green Cards Were Issued in 2022?

In 2022, 281,507 employment-based green cards were granted.

Can I Be Deported While Waiting for a Green Card?

Deportation risk depends on visa status, entry method, and whether the individual has overstayed their visa. For detailed guidance, consult U.S. Department of State resources.

Conclusion

The Biden administration’s commitment to modernizing immigration aims to improve access to work visas and green cards, adjusting per-country limits and streamlining pathways to permanent residency and citizenship.

Tech companies continue to advocate for reforms that would enable them to hire and retain highly skilled foreign workers more efficiently, ensuring the U.S. remains a global technology leader.

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