A US senator has revived an immigration reform bill that could provide a pathway to green cards for millions, including Indian H-1B visa holders stuck in decades-long backlogs.
A fresh immigration reform proposal in the United States has raised hopes for thousands of Indian professionals waiting for permanent residency. California Senator Alex Padilla has reintroduced a bill that, if passed by Congress, could create a pathway to lawful permanent residency (green cards) for more than eight million long-term US residents, including H-1B visa holders, children of visa holders and Temporary Protected Status (TPS) beneficiaries.
While the proposal is still only a bill and has not become law, it is significant because it seeks to address one of the biggest problems affecting foreign professionals in the US, the decades-long wait for employment-based green cards.
PUSH FOR GREEN CARD BILL: WHY THIS MATTERS TO INDIANS
Every year, tens of thousands of Indian engineers, IT professionals, doctors, researchers and scientists move to the United States on H-1B work visas. Many of them eventually apply for permanent residency (green cards).
However, because of existing US immigration rules, most Indians spend years, sometimes decades, waiting for their applications to be processed.
According to available estimates, Indians account for nearly 80 per cent of the pending employment-based green card backlog, making them the worst-affected nationality under the current system.
WHAT THE GREEN CARD BILL PROPOSES
Padilla’s legislation, the Renewing Immigration Provisions of the Immigration Act of 1929, would amend Section 249 of the Immigration and Nationality Act, also known as the Registry provision.
Currently, the law allows certain immigrants to apply for permanent residency only if they entered the United States before January 1, 1972.
That cutoff has remained unchanged for over five decades, making the provision virtually unusable today.
The new proposal would replace the fixed date with a rolling eligibility date, allowing long-term residents who have continuously lived in the US for at least seven years before filing an application to become eligible for lawful permanent residency, provided they meet other legal requirements.
According to Senator Padilla’s office, only 305 people adjusted their immigration status through the existing Registry provision between 2015 and 2019 because of the outdated cutoff.
HOW COULD THIS HELP H-1B VISA HOLDERS?
If enacted, the legislation could provide a new pathway to green cards for many H-1B visa holders who have spent years waiting under the employment-based immigration system.
Potential benefits include:
A possible alternative route to permanent residency for eligible long-term residents.
Greater certainty for professionals who have spent years renewing temporary work visas.
Reduced dependence on employer-sponsored visa extensions.
Greater job flexibility after obtaining permanent resident status.
Relief for families who have remained in immigration limbo for years.
Applicants would still need to satisfy the eligibility conditions under the amended Registry provision if the legislation is enacted.
WHAT ABOUT INDIAN STUDENTS?
The bill could also have long-term implications for Indian students studying in the United States.
Every year, thousands of Indian students graduate from American universities and transition from student visas to Optional Practical Training (OPT) and later H-1B visas.
Many eventually enter the same employment-based green card queue that currently stretches for decades.
If the proposed legislation becomes law, eligible long-term residents, including highly skilled professionals, could potentially access another pathway to permanent residency instead of relying solely on the traditional employment-based green card process.
For students planning long-term careers in the US, any measure that reduces uncertainty around permanent residency would be closely watched.
The biggest reason is the 7 per cent per-country cap on employment-based green cards.
US law limits how many employment-based green cards can be issued to nationals of a single country each year.
Since demand from India far exceeds this limit, applications continue piling up year after year.
As a result, many Indian professionals remain on H-1B visas for years, some families spend decades waiting for green cards, children of visa holders can “age out” after turning 21, risking the loss of dependent status, and career mobility remains restricted because visa status is tied to employment.
PADILLA TARGETS TRUMP’S IMMIGRATION POLICIES
Announcing the bill, Senator Padilla criticised President Donald Trump’s immigration policies, saying immigrant families continue to live under uncertainty despite contributing to the US economy.
He said Congress should modernise immigration laws and create a fair pathway to lawful permanent residency for long-term residents.
WHO ELSE WOULD BENEFIT FROM THE GREEN CARD BILL?
If passed, the legislation could benefit:
H-1B visa holders
Dreamers (undocumented immigrants brought to the US as children)
Temporary Protected Status (TPS) holders
Essential workers
Children of long-term visa holders
Other highly skilled professionals waiting for employment-based green cards
The bill has also received backing from Senate Democratic Whip Dick Durbin and several Democratic senators, along with endorsements from more than 30 organisations.
Before becoming law, the Bill must be approved by the Senate, pass the House of Representatives, and be signed by the US President.
However, immigration experts note that the bill does not automatically grant green cards to all H-1B holders.
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