When it comes to U.S. green card applications, many people are surprised to learn that the length of time they must wait for their green card is determined by where they were born, not their current citizenship or residency. This distinction is rooted in the U.S. immigration system’s “per-country limitation” policy, which plays a significant role in how green cards are allocated. Let’s dive into why this system exists and how it works.
The Per-Country Limit: An Overview
The U.S. Congress established per-country limitations to ensure that no single country dominates the allocation of employment-based or family-based immigrant visas (green cards). Specifically, the Immigration and Nationality Act (INA) caps the number of green cards available to applicants from any single country at 7% of the total green cards issued each year, regardless of the population size of the country or the number of applicants from that country.
This means that each country is allocated the same maximum percentage of green cards annually, whether it has a small number of applicants or a massive backlog. For example, countries with fewer applicants, such as Iceland or Luxembourg, generally experience little to no wait time, while high-demand countries like India and China face significant delays.
Why Birthplace Determines Your Wait Time
The U.S. Department of State uses an applicant’s country of birth, not their citizenship, to determine which per-country limit applies. This is because immigration laws were designed with the principle of maintaining fairness and diversity in mind. The birthplace-based system aims to spread green card opportunities more equitably among all nations, rather than allowing a few populous countries to dominate the process.
This policy means that even if someone born in a high-demand country, such as India, later becomes a citizen of a different country with shorter wait times, like Canada, they are still subject to India’s per-country limit. Similarly, someone born in a low-demand country retains the benefits of shorter green card wait times regardless of where they later move or obtain citizenship.
The Real-World Impact of Per-Country Limits
The consequences of the per-country limitation system are most apparent in employment-based and family-based green card categories:
- Employment-Based Green Cards: Professionals from India and China often face decades-long waits due to high demand and the relatively small allocation of green cards available under the per-country cap. For instance, applicants in the EB-2 (advanced degree) or EB-3 (skilled worker) categories often find themselves stuck in lengthy backlogs.
- Family-Based Green Cards: Citizens of Mexico and the Philippines also experience significant delays in family-sponsored categories due to higher demand from those countries.
- Cross-Chargeability: A silver lining exists for applicants married to someone born in a different country. In certain cases, the applicant may use their spouse’s country of birth for the green card application—a process known as cross-chargeability. This can potentially reduce wait times significantly.
Criticisms and Calls for Reform
While the per-country limit was established to promote fairness, it has led to unintended consequences, especially for applicants from high-demand countries. Critics argue that the system creates inequities by disproportionately affecting individuals based on their country of birth, rather than their qualifications or family relationships.
Efforts to reform the green card allocation system have been debated in Congress for years. Proposals like the Fairness for High-Skilled Immigrants Act aim to remove per-country caps for employment-based green cards while increasing family-based caps. However, these reforms face political challenges and have yet to become law.
Conclusion
Understanding how green card wait times are determined is essential for anyone navigating the U.S. immigration system. The per-country limitation—while designed to promote fairness and diversity—often results in long delays for applicants from high-demand countries. By basing wait times on birthplace rather than citizenship, the system prioritizes diversity but also creates challenges for those born in certain countries.
If you’re navigating this complex process, it’s crucial to work with an experienced immigration attorney. At Berardi Immigration Law we’re here to help you understand your options, explore strategies like cross-chargeability, and advocate for your case every step of the way. Contact us today to learn how we can assist you in achieving your immigration goals!
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. For specific guidance related to your situation, please consult a qualified attorney. Berardi Immigration Law is here to assist with your legal needs.
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