Per-Country Green Card Limits End in Bill Moving Through House

The House Judiciary Committee advanced legislation Wednesday to phase out per-country caps for employment-based green cards and lift annual caps for family-based green cards.

The green card bill (H.R. 3648), also would give backlogged applicants expanded travel rights and flexibility to switch employers.

A separate measure overhauling U.S. immigration courts (H.R. 6577 by moving them into a system independent of the Justice Department wasn’t taken up by the committee in a markup session that lasted until late Wednesday.

Democrats are attempting to advance many immigration-related bills through regular order—requiring bipartisan support—after failing to secure policy changes in a partisan agenda bill that collapsed in the Senate months ago.

The green card bill has support from 81 House cosponsors, including eight Republican lawmakers. Corresponding legislation hasn’t been introduced in the Senate so far this session.

A limited number of green cards, which provide lawful permanent resident status to noncitizens, are available each year under employment and family-based categories. But only 7% of green cards under each category can go to applicants from a single country in a given year. That means applicants from countries with high demand such as India and China can be stuck in backlogs for decades waiting for permanent status.

Both chambers of Congress have previously passed legislation to remove the per country green card limits. A bill the House passed with overwhelming support in 2019 was passed by the Senate with significant changes. The two chambers were unable to reconcile differences between the bills before the close of the legislative session.

The immigration courts bill has only Democratic cosponsors, but supporters have attempted to frame it as a common-sense measure for ensuring the tribunals’ independence regardless of which party is in the White House.