Eliminating the Employment Based (EB) Green Card backlog:

THE ISSUE: Reform of the permanent employment-based green card program is urgently
needed in order for U.S. employers to be able to hire the foreign talent they need to help in
the economic recovery. Over half of all science, technology, engineering, and mathematics
graduates of American universities are foreign born. We are also facing a severe shortage of
registered nurses as the tidal wave of retiring baby boomers is upon us. At a time when our
economy needs high-skilled workers more than ever, our current system forces most of
these graduates to leave the U.S. and apply their valuable skills in other countries, a scenario
that is beneficial to all but the U.S. Needless to say, foreign countries are not complaining,
but are instead poised to take advantage in their increasingly successful attempts to surpass
us. Simply put, if the problem isn’t solved soon, the U.S. stands to rapidly lose not only the
competitive economic edge generations of Americans have worked so hard to achieve, but
also its global preeminence in science and technology—areas vital to our prosperity and
national security.

HOW THE EMPLOYMENT-BASED GREEN CARD SYSTEM WORKS: Each year, 140,000 EB
green cards, spread across five preference categories based on credentials, are allotted for
foreign nationals seeking permanent residence and who are sponsored by their employers to
work in this country. The spouses and children of these foreign nationals also count against
the 140,000 green card cap, accounting for over half the allotted number. However, because
these green cards are distributed equally among all countries, with a quota set for each
country, backlogs have resulted for individuals coming from high-demand countries, even
when the overall cap has not been reached. Once the quota is met for nationals of a given
country, only those who applied before a set cut-off date are able to get green cards.

EB RETROGRESSION AND THE UNAVAILABILITY OF GREEN CARDS: The current
problems with the EB system are attributable to two things: administrative delays in
processing green card applications; and, as mentioned above, the statutory limits, regulated
by the U.S. Department of State (DOS), putting a cap on the number of EB green cards
issued each year. When DOS believes that either the overall or per country cap is about to
be reached, it imposes a “cut off” date, and only applications received before this date are
processed. In October 2005 (and many times since), DOS moved this cut-off date backward,
in an effort to ration available green cards. As a result, thousands of foreign professionals,
many of whom have been in the U.S. legally for nearly a decade on student or work visas,
have been forced to wait, essentially in a legal purgatory, up to seven years to get a green
card and enjoy the rights and benefits of legal permanent residence. This means up to seven
years spent waiting and worrying unnecessarily, with spouses unauthorized to work at all.
Not surprisingly, these talented professionals often tire of waiting, and leave the U.S. entirely
to put their knowledge and skills to use in other countries eager to compete with and surpass
the U.S.

RELIEF NEEDED: Congress must reform the EB green card system. These reforms should
include:

• Recapture of both unused EB and family green cards from prior years
• Exemption of spouses and children from EB green card quotas
• Exemption for graduates from U.S. institutions in the fields of science,
technology, engineering and math
• A market-based EB green card cap, responsive to the needs of U.S. employers

Without these reforms, we will continue to make it more and more difficult for talented
foreign professionals to work in this country and fill important positions. U.S. employers
need to have access to key employees who will enhance their company’s ability recover in
these difficult economic times. If access to these talented professionals is denied, they will
simply go elsewhere, resulting in continued difficulty for the U.S. economy.