Speaking before a large gathering of Indian Americans, U.S. Senator Roger Marshall pledged to advocate for the elimination of country-based limits on green cards, arguing that the current system unfairly penalizes applicants based solely on where they were born.
“We are telling the world’s hardest-working immigrants that the line is 70 years long. Not because of what you did but because too many of you came from the same place,” Marshall said.
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Under existing immigration law, no country can receive more than 7 percent of the family-sponsored and employment-based green cards issued each year.
While the rule applies equally to all countries, its impact has fallen disproportionately on Indian professionals, particularly those employed in the technology, healthcare, engineering, and research sectors.
The issue has gained renewed attention after the Department of Homeland Security announced in May that all employment-based second preference (EB-2) immigrant visas available to Indian nationals for fiscal year 2026 had been exhausted. As a result, no additional EB-2 immigrant visas can be issued to Indian applicants until the new fiscal year begins on October 1, 2026.
The United States grants approximately 140,000 employment-based green cards annually, with a significant share allocated to the EB-2 category. However, the 7 percent country cap means that only a limited number of those visas can go to applicants from any one nation each year, regardless of demand.
For Indian nationals, the consequences have been severe. Immigration experts estimate that hundreds of thousands of Indian professionals remain trapped in the employment-based green card queue, with some facing waits that could stretch for decades.
A 2021 analysis estimated that roughly 700,000 Indians were already caught in the green card backlog, making it the largest nationality-based queue in the U.S. immigration system.
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In its announcement, DHS said embassies and consulates would be unable to issue additional EB-2 immigrant visas to applicants chargeable to India for the remainder of FY 2026 because the annual allocation had been fully used. Visa processing in the category is expected to resume when new visa numbers become available at the start of FY 2027.
Marshall’s comments come as immigration policy continues to be scrutinized amid broader debates over legal immigration, workforce shortages, and the role of highly skilled foreign workers in the U.S. economy.