Employment-Based Green Card Backlogs Hit Record Levels; I-140 Denials Rise
A new American Immigration Council analysis reveals record backlogs in employment-based green card petitions, with rising denial rates and longer processing delays threatening skilled workers' pathways to permanent residence.
Record Backlogs and Slower Processing
New analysis of USCIS data finds record I-140 backlogs, rising denial rates, growing visa wait times, and longer processing delays across the employment-based green card system. The report uses quarterly data spanning FY2016 through FY2025 to document how the employment-based pathway has deteriorated in recent years.
For many foreign nationals, the process begins with Form I-140, Immigrant Petition for Alien Worker, and can ultimately lead to lawful permanent residence, commonly called a "green card." However, the pathway has become increasingly lengthy and uncertain in recent years.
Broader System Strain
The net backlog, or backlogged cases within the government's control, grew by 42 percent between FY2025 Q2 and FY2026 Q2, surpassing a startling 7 million cases in FY2026 Q2. Processing times for family-based immigration have similarly extended: At the end of FY2025, the median processing time for an asylum-based green card was 10.3 months. As of May 31, 2026, the FY2026 median time is 17.2 months, or a 67 percent increase.
What This Means for Foreigners
If you are pursuing an employment-based green card (EB-1, EB-2, EB-3, or EB-5), expect significantly longer wait times than in previous years. File your I-140 petition as early as possible, ensure all supporting documentation is complete and error-free, and consider whether alternative visa categories—such as L-1 intracompany transfer or O-1 extraordinary ability visas—might move faster for your situation. Work closely with your employer's immigration counsel to track your case and understand realistic timelines based on your category and country of origin.
Sources
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