By Callum 
The H-1B visa is initially valid for 3 years and can then be extended for another 3 years. To reside in the US longer than that, you need to get an employment-based (EB) permanent residence more often called a green card.
But even with an approved petition for a green card, you won’t be able to apply for permanent residency unless the cap is unfilled. As demand has increased since Congress last updated the cap 30 years ago, the number of approved immigrants is skyrocketing.
As of April 2020, the total green card backlog (petition beneficiaries unable to apply for green cards due to the caps) exceeds 590,000. And 67% of the employment-based backlog accounts for Indian workers (almost 400,000).
Source: US Immigration and Citizenship Services (Approved Employment-Based Petitions Awaiting Visa Availability, as of April 20, 2020)
The total number of green cards issued annually is capped at 140,000. It means the backlog exceeds the cap by about 450,000 visas.
In fact, the senator from Utah Mike Lee said the current backlog for an Indian national to get a green card has almost reached 200 years: “Someone from India entering the backlog today would have to wait 195 years to receive an EB-3 green card. Even if we give their children this limbo status, none of them will have a prayer of becoming a US citizen”.
EB-3 and EB-2 visas are granted to foreign skilled workers, including IT specialists.
Source: US Immigration and Citizenship Services (Approved Employment-Based Petitions Awaiting Visa Availability, as of April 20, 2020)
Here is the list of EB cards based on priority, each with its cap:
- EB-1 (Priority): 40,040 multinational executives and internationally acclaimed artists, athletes, businessmen or scientists
- EB-2 (Professional): 40,040 professionals with offers of employment in jobs requiring an advanced degree and workers with expertise significantly above what is ordinary in their field
- EB-3 (Professional and Skilled): 35,040 workers with offers of employment in jobs requiring a bachelor’s degree and skilled workers with at least 2 years of experience
- EB-3 (Other): 5,000 workers with offers of employment in jobs not requiring a bachelor’s degree
- EB-4 (Special): 9,940 abandoned juveniles, broadcasters, religious workers, US government and military employees
- EB-5 (Investor): 9,940 investors who made investments of $900,000 to $1.8 million in a new commercial enterprise in the United States that will create 10 permanent full‐time jobs for US workers
The majority of foreigners waiting in the EB-2 or EB-3 application categories are employed with H-1B visas, which they can renew indefinitely while in the queue for green cards. The sad thing is that they have to maintain a job with only approved H‑1B employers and cannot be unemployed at any time or start their own businesses.