Indians may lose benefit of spillover of 150,000 green cards

Green cardHouse panel blocks green card spill over of family based to employment based visa in October

In what may spell bad news for Indians who were eyeing the green card spill over, a House panel has approved a measure to preserve the green card numbers at the end of current fiscal year.

The House Appropriations Committee approved on July 13 Fiscal Year 2022 Homeland Security Funding Bill, including an amendment to preserve green card numbers for employment-based, family-based and diversity visa lottery.

Now how this affects Indians is that this would simply mean that Indian employment based visa holders will lose the benefit of family based employment based visa spillover of 150,000 green cards in October 2021.

If the family based spill over is allowed, employment based visa holders most of whom are Indians in a green card backlog would have stood a chance to use these unused green cards.

Read: USCIS wasting thousands of green cards as people wait for decades (June 29, 2021)

Now like any other bill, this bill too has to be passed by the full House and the Senate for it to become a law.

What exactly is a green card spillover
If you are wondering what exactly is a green card spillover for employment based visas and how it works, here’s a breakdown.

According to US immigration law there is a set limit on the number of green cards every year for each country through employment based green cards in EB-1, EB-2 and EB-3 categories. The number of green cards that can be allotted each year on employment based visas is 140,000.

Now, since each country has a cap of seven percent for each category, in certain countries like India and China the number of applicants is much higher than the available green card cap.

In most other countries the number of applicants falls short of the available limit. The unused green cards fall in the Rest of the World category. Certain unused categories like unused EB-4 and EB-5 spill over to EB-1 and unused EB-1 spill over to EB-2.

Read: Supreme Court says no green cards for illegal immigrants (June 8, 2021)

Due to the heavy backlog, India continues to be the most retrogressive country and therefore this spill over, if allowed, could have been good news for Indians waiting for green cards.

However, as they say there is a silver lining in every cloud, the other news is that the current spill over of no less than 122,000 received in the employment based category in October 2020 for fiscal year 2021 should be made available in September 2021.

Back in 2020 too there was an attempt to hold back the family based green cards spill overs to go to the employment-based category, but this could not get a go ahead in the Senate leading to an eventual spill over.

This time around too, there is a hope that this may eventually happen.

12 Comments

  1. Seriously, someone is getting greedy if they are getting benefits by process. The too, by once in lifetime opportunity. Spillover is there from years and if it is going to a country stuck in backlogs from decades then what is wrong in it. Think about the reason to oppose it… The thought behind it will definitely stink

  2. So after you get the green card using the number from Families don’t complain that you can’t have your family with you….just wait and wait . Leave the unused family visa to families is fair don’t be selfish , one day you would need to have your beloved with you …

  3. All the fucking Indians h1b should be kicked out from this country. They are blocking the jobs of americans

    • All the Employment-based Visa people are coming under the Highly skilled category. For hiring them, there are so many procedures to follow. They can be hired only when no one is available from local areas. So no way Indians can block Americans from hiring.

    • If only Americans had brain in their head instead of crap.

  4. Desi Loveday

    Maadarchod desis will always be maadarchod desis — greedy and selfish to the core. Want to skip the line and get ahead of everyone. Thats what they’re good at the indians. Fake visas, fake degrees, fake passports, fake resumes it just doesn’t end. Already most companies have been destroyed from the inside out by insidious desi culture that thrives on cronyism, nepotism, back stabbing, arse licking and just about every vicious thing possible. No wonder that banana republic remains a ELOHTIHS country after the Brits left it.

  5. Indian waiting for GC

    Will Biden act ? This is test for Biden & Harris

  6. Too many greedy Indians are trying to come to the USA. We need to reduce their numbers so they don’t lower salaries, work conditions, and standard of living for everyone because these Indians are so poor and desperate. It is not our fault that they have grossly over populated their country.

    • hahah I can only laugh at you ignorant ass commnet. Common man people are same everywhere let is be US or India. You dont have greedy deperate in US ? Lower salaries ? I am an Indian and I make 300 Plus a year is that low for ya ? I am in top 4% of US. Get your facts striaght and quit being a racist jerk. Id recommend going to school for STEM. let me know if you need to know the full form of STEM

  7. in 2020 there was a different president , it is different now the bill will 100% pass on both House and Senate

  8. Let family reunion , family is important so leave Family visa to Families….why you are so selfish?

    • Family reunion is an endless chain, the country also needs skilled immigrants who can actually contribute to the economy. Moreover in EB category, families are actually being separated, losing their children when they turn 21(age out).

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