US employers continue to face mounting challenges in retaining foreign talent due to ongoing green card backlogs and shifting Visa Bulletin cutoffs. The EB-2 and EB-3 categories for India and China remain severely backlogged, and even “Rest of World” applicants now face delays. More recently, the EB-1 category, once reliably current, has also retrogressed for India and China—adding new urgency for long-term immigration planning.
As of mid-2025, demand continues to outpace annual visa availability, and multiyear waits remain the reality. Employers should take proactive steps now to mitigate the impact on workforce planning.
The Visa Bulletin, issued monthly by the Department of State, sets priority date cutoffs for green card categories. Only applicants whose priority dates are earlier than the published cutoff can move forward. With statutory annual limits on employment-based green cards, demand far exceeds supply, creating multiyear backlogs—particularly in EB-2 and EB-3.
Even when priority dates are not current, filing an I-140 petition early secures a place in line. The filing date establishes the priority date, which determines future eligibility. An approved I-140 can also strengthen employee retention, as many workers are reluctant to change employers once the petition is approved.
Employers should review their internal sponsorship policies to ensure early initiation. Ideally, the green card process should begin within the first year of employment, with at least 3–4 years of nonimmigrant status remaining. This approach allows employees to maintain work authorization during long waits and reduces business risk from status lapses.
For employees in F-1 OPT, STEM OPT, TN, or other temporary statuses, consistent entry into the H-1B lottery each year provides a stronger foundation for long-term immigration planning. H-1B status not only extends work authorization but also permits AC21 extensions beyond six years for those waiting in the green card process.
Despite current retrogression for some countries, EB-1 remains faster than EB-2 or EB-3. Employers should evaluate whether employees qualify under:
Developing talent toward EB-1 eligibility—through publications, leadership roles, or international assignments—can significantly shorten wait times.
Employers face increased scrutiny in the PERM process, particularly around recruitment. High volumes of resumes—especially from job postings—require meticulous review to ensure compliance, adding administrative burden and delay. Strategic workforce planning and efficient recruitment procedures are essential to manage this process successfully.
Some categories bypass the labor certification process altogether:
Assessing eligibility for these categories early can save years of waiting.
For eligible employees, filing in both categories may offer flexibility. Historically, one category sometimes advanced faster than the other. In today’s climate, however, employers must carefully weigh processing speed, costs, and backlog movement before adopting a dual-track approach.
If an employee’s I-485 application is pending and another category becomes available, interfiling may allow adjustment of status under the more favorable category. While this requires careful timing and documentation, it can reduce overall wait times.
Long waits for permanent residency can impact morale and retention. Employers should maintain clear, proactive communication about immigration policies, timelines, and possible alternatives. Transparent policies build trust and stability.
Proposals such as visa number recapture or removing dependents from annual limits could ease backlogs, but none have been enacted yet. Employers who stay informed and plan ahead will be best positioned to benefit quickly from reforms if they are implemented.
With retrogression deepening across employment-based categories, long-term immigration planning is more important than ever. Employers who act early—by filing I-140s, strengthening H-1B strategies, identifying EB-1 candidates, and exploring PERM-free options—will be better equipped to retain talent and minimize business disruption.
As of mid-2025, demand continues to outpace annual visa availability, and multiyear waits remain the reality. Employers should take proactive steps now to mitigate the impact on workforce planning.
1. Understand the Current Landscape
The Visa Bulletin, issued monthly by the Department of State, sets priority date cutoffs for green card categories. Only applicants whose priority dates are earlier than the published cutoff can move forward. With statutory annual limits on employment-based green cards, demand far exceeds supply, creating multiyear backlogs—particularly in EB-2 and EB-3.
2. Don’t Delay I-140 Filings
Even when priority dates are not current, filing an I-140 petition early secures a place in line. The filing date establishes the priority date, which determines future eligibility. An approved I-140 can also strengthen employee retention, as many workers are reluctant to change employers once the petition is approved.
3. Review and Update Green Card Policies
Employers should review their internal sponsorship policies to ensure early initiation. Ideally, the green card process should begin within the first year of employment, with at least 3–4 years of nonimmigrant status remaining. This approach allows employees to maintain work authorization during long waits and reduces business risk from status lapses.
4. Build a Consistent H-1B Strategy
For employees in F-1 OPT, STEM OPT, TN, or other temporary statuses, consistent entry into the H-1B lottery each year provides a stronger foundation for long-term immigration planning. H-1B status not only extends work authorization but also permits AC21 extensions beyond six years for those waiting in the green card process.
5. Identify EB-1 Candidates Early
Despite current retrogression for some countries, EB-1 remains faster than EB-2 or EB-3. Employers should evaluate whether employees qualify under:
- EB-1A (Extraordinary Ability)
- EB-1B (Outstanding Professors/Researchers)
- EB-1C (Multinational Managers/Executives)
Developing talent toward EB-1 eligibility—through publications, leadership roles, or international assignments—can significantly shorten wait times.
6. Anticipate PERM Challenges in 2025
Employers face increased scrutiny in the PERM process, particularly around recruitment. High volumes of resumes—especially from job postings—require meticulous review to ensure compliance, adding administrative burden and delay. Strategic workforce planning and efficient recruitment procedures are essential to manage this process successfully.
7. Explore PERM-Free Alternatives
Some categories bypass the labor certification process altogether:
- EB-1A Extraordinary Ability
- EB-1B Outstanding Professors/Researchers
- EB-1C Multinational Managers/Executives
- National Interest Waiver (NIW) under EB-2
- Schedule A, Group I (Nurses/Physical Therapists)
- Schedule A, Group II (Exceptional Ability in Sciences or Arts)
Assessing eligibility for these categories early can save years of waiting.
8. Consider EB-2 vs. EB-3 Filing Strategy
For eligible employees, filing in both categories may offer flexibility. Historically, one category sometimes advanced faster than the other. In today’s climate, however, employers must carefully weigh processing speed, costs, and backlog movement before adopting a dual-track approach.
9. Watch for Interfiling Opportunities
If an employee’s I-485 application is pending and another category becomes available, interfiling may allow adjustment of status under the more favorable category. While this requires careful timing and documentation, it can reduce overall wait times.
10. Communicate Transparently with Employees
Long waits for permanent residency can impact morale and retention. Employers should maintain clear, proactive communication about immigration policies, timelines, and possible alternatives. Transparent policies build trust and stability.
11. Monitor Policy and Legislative Changes
Proposals such as visa number recapture or removing dependents from annual limits could ease backlogs, but none have been enacted yet. Employers who stay informed and plan ahead will be best positioned to benefit quickly from reforms if they are implemented.
Final Thoughts
With retrogression deepening across employment-based categories, long-term immigration planning is more important than ever. Employers who act early—by filing I-140s, strengthening H-1B strategies, identifying EB-1 candidates, and exploring PERM-free options—will be better equipped to retain talent and minimize business disruption.
