Important Updates
Important Updates
April 30, 2026 | SwedenSweden: Citizenship Eligibility Restrictions Forthcoming
May 1, 2026 | United StatesUnited States: Summer 2026 Travel Considerations for Foreign Nationals
April 30, 2026 | Hong Kong SARHong Kong SAR: Earlier Extension Filing Announced
April 30, 2026 | IndonesiaIndonesia: New Password Rule Could Delay Applications if Email Addresses are Invalid or Inaccessible
April 30, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
April 30, 2026 | SwedenSweden: Citizenship Eligibility Restrictions Forthcoming
May 1, 2026 | United StatesUnited States: Summer 2026 Travel Considerations for Foreign Nationals
April 30, 2026 | Hong Kong SARHong Kong SAR: Earlier Extension Filing Announced
April 30, 2026 | IndonesiaIndonesia: New Password Rule Could Delay Applications if Email Addresses are Invalid or Inaccessible
April 30, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
April 30, 2026 | SwedenSweden: Citizenship Eligibility Restrictions Forthcoming
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Green Card Backlogs and Visa Bulletin Trends: What Employers Can Do In 2025 and Beyond

July 30, 2025

Green Card Backlogs and Visa Bulletin Trends: What Employers Can Do In 2025 and Beyond

Country / Territory

  • United StatesUnited States

Related contacts

Susan Steger

Counsel

Fragomen in Dallas, TX, United States

Email

[email protected]

T:+1 469 791 0303

Related offices

  • Fragomen in Dallas, TX

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Susan Steger

Counsel

Fragomen in Dallas, TX, United States

Email

[email protected]

T:+1 469 791 0303

Related offices

  • Fragomen in Dallas, TX

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Susan Steger

Counsel

Fragomen in Dallas, TX, United States

Email

[email protected]

T:+1 469 791 0303

Related offices

  • Fragomen in Dallas, TX

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Susan Steger

US employers continue to face mounting challenges in retaining foreign talent due to persistent green card backlogs and shifting Visa Bulletin cutoffs—especially in the EB-2 and EB-3 categories for India and China.

As of mid-2025, EB-2 and EB-3 categories remain retrogressed not only for India and China but also for many “Rest of World” applicants, a trend that reflects continued high demand and limited annual visa availability. Even the EB-1 category—which has stayed historically current—has seen significant retrogression for India and China, adding new urgency to long-term immigration planning.

With the second half of 2025 underway, it is critical for HR teams and in-house counsel to stay proactive, informed and strategic. The following list explores steps employers can take to address these challenges.

1. Understand the Current Landscape

The Department of State’s monthly Visa Bulletin shows continued retrogression for key employment-based categories. While demand remains high, available visa numbers are capped annually by statute—leading to multiyear wait times for many talented, professional workers.

2. Don’t Delay I-140 Filings

Even if the employee’s priority date will not be current, filing an I-140 petition early establishes their place in line and locks in the priority date. It also strengthens employee retention, as many foreign nationals are less likely to change employers once an I-140 is approved on their behalf.

A priority date is the date when an I-140 petition is properly filed with USCIS. It essentially marks the foreign national’s place in line for a green card in categories where there are annual limits on the number of visas issued per fiscal year. For employment-based immigrants, it is usually the date USCIS receives the Form I-140 (Immigrant Petition for Alien Worker), or the date a labor certification (PERM) is filed with the Department of Labor, if required for green card sponsorship.

The Department of State’s monthly Visa Bulletin shows which priority dates are "current" – meaning applicants with those dates can move forward with their green card applications (form I-485). If your priority date is earlier than the date listed in the bulletin for your category and country, you can proceed with filing your application.

This system is necessary because there are annual caps on the number of green cards issued in many categories, and demand usually exceeds supply.

3. Review and Update Your Corporate Green Card Policy

Employers should evaluate internal policies around when to initiate the green card process for their foreign national employees. Starting earlier—ideally on or before the end of the first year of employment and with at least 3-4 years of nonimmigrant status remaining—gives your company a better chance of securing an earlier priority date before visa backlogs worsen. Early initiation also ensures employees are positioned to maintain valid nonimmigrant status during lengthy waits, minimizing the risk of business interruptions due to a lapse in work authorization.

4. Build a Consistent H-1B Registration Strategy

For employees working under F-1 OPT, STEM OPT, TN or other nonimmigrant categories, consider implementing a policy of entering all eligible workers into the H-1B registration lottery each year. Securing H-1B status not only extends work authorization in most scenarios but also sets the foundation for long-term immigration strategy and planning.

Importantly, H-1B status enables AC21 portability, allowing employees to remain in the US beyond the standard six-year limit while waiting for the completion of the green card process. The H-1B lottery is required due to the limited number of H-1Bs available each fiscal year.

5. Identify and Develop EB-1 Candidates

Employers should work closely with immigration counsel to assess whether any foreign national employees may qualify for the EB-1 category, particularly EB-1A (extraordinary ability), EB-1B (outstanding researchers), or EB-1C (multinational managers or executives). With fewer backlogs and faster processing, EB-1 can be a powerful option.

Counsel can help identify high-potential candidates and map out steps to strengthen their case over time—such as publishing scholarly work, assuming leadership roles or pursuing overseas assignments. For some foreign national employees, this strategy could shave off a decade of waiting or more for their priority date to be current for their category.

6. Navigating the PERM Process: Challenges for Employers in 2025

In today's competitive job market, employers are facing significant hurdles in securing PERM (Program Electronic Review Management) approvals for their foreign national employees. One of the most pressing issues stems from the significant volume of resumes received during the recruitment process, particularly from employer website postings. This surge in applications is a direct consequence of heightened scrutiny by the Department of Labor regarding recruitment practices.

Managing this influx of resumes is a daunting task. Employers must meticulously review each application to ensure compliance with PERM requirements, which can be time-consuming and resource intensive. The increased workload not only delays the PERM approval process but also adds to the administrative resource expense for sponsoring employers.

Despite these challenges, employers can remain committed with the help of counsel in navigating the complexities of the PERM process to secure the best talent for their organizations. By keeping informed about regulatory changes and adopting efficient recruitment strategies, they can continue to support their foreign national employees while adhering to legal requirements.

Navigating the PERM process may be challenging, but with strategic planning in conjunction with counsel, employers can ensure they are building a diverse and talented workforce.

7. Explore Options to Avoid the PERM Labor Market Test

PERM—the labor certification process required for sponsoring foreign workers for a green card—is time-consuming, document-intensive and highly regulated. However, certain green card categories do not require a labor market test for minimally qualified US workers, and employers should assess if any candidates may qualify:

      • EB-1A (Extraordinary Ability): For individuals with demonstrated national or international acclaim in their field. No PERM or employer sponsorship required.
      • EB-1B (Outstanding Professors and Researchers): For qualified academic professionals, but also available to research-based roles in private industry. This classification is commonly used not only by universities and nonprofit research institutions but also by companies engaged in research and development of new products, provided they employ at least three full-time researchers and have a documented record of accomplishments in the field.
      • EB-1C (Multinational Managers/Executives): For employees returning or transferring to the US (such as on an L-1A visa) from qualifying managerial overseas assignments with related entities.
      • National Interest Waiver (NIW): Available under EB-2 for individuals whose work has substantial merit and is in national interest. This option is particularly strong for those in STEM, public health, energy and critical research areas, though USCIS has heightened its scrutiny of this category this year.
      • Schedule A, Group I Occupations: Certain roles, such as nurses and physical therapists, are pre-certified by the Department of Labor as shortage occupations and bypass the traditional PERM recruitment process.
      • Schedule A, Group II – Exceptional Ability: For individuals with exceptional ability in the sciences or arts (including performing arts), whose work is recognized on a national or international level. This underutilized category can be a viable alternative to PERM if the individual meets the evidentiary standards.

Identifying candidates early and working with immigration counsel to map out a PERM-free strategy can save time and reduce uncertainty.

8. Consider EB-2 vs. EB-3 Strategy

For eligible candidates, employers can file in both EB-2 and EB-3 categories, either concurrently or sequentially. While this “two-track” strategy once offered flexibility when one category moved faster than the other, current backlogs require a more nuanced, cost-benefit analysis.

9. Watch for Interfiling Opportunities

If your employee has a pending I-485 and becomes eligible in a different category (such as EB-2 or EB-3), interfiling may allow them to adjust status in a more favorable preference category. USCIS has refined this process in recent years, but it still requires careful documentation and timing.

10. Communicate Early and Often

Delays in permanent residency are more than administrative—they affect employee morale, mobility and long-term planning. Proactive communication and clearly defined immigration policies help build transparency and retention.

11. Monitor Legislative and Policy Changes

Proposed reforms—such as visa recapture or removing dependents from annual limits—could improve the backlog, but none have been enacted as of mid-2025. Staying informed and maintaining readiness to act can give your organization an edge when changes do occur.

Need to Know More?

The employment-based green card process requires long-term planning in a system that is increasingly constrained. By reviewing internal policies, identifying EB-1 or PERM-free options, initiating sponsorship earlier and building consistent strategies around H-1B and I-140 filings, employers can better support critical talent and mitigate risk in a competitive hiring market. For questions or additional support, please contact Counsel Susan Steger at [email protected]. 

This blog was published on July 30, 2025, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, Twitter, Facebook and Instagram. 

Country / Territory

  • United StatesUnited States

Related contacts

Susan Steger

Counsel

Fragomen in Dallas, TX, United States

Email

[email protected]

T:+1 469 791 0303

Related offices

  • Fragomen in Dallas, TX

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Susan Steger

Counsel

Fragomen in Dallas, TX, United States

Email

[email protected]

T:+1 469 791 0303

Related offices

  • Fragomen in Dallas, TX

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Susan Steger

Counsel

Fragomen in Dallas, TX, United States

Email

[email protected]

T:+1 469 791 0303

Related offices

  • Fragomen in Dallas, TX

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Work authorization

EB-5 I-526E Request For Evidence Trends: Loans and Property Sales

Senior Associate Tracey Kimberly explores the recent increase in RFEs for EB‑5 I‑526E petitions, highlighting heightened USCIS scrutiny of source-of-funds documentation—particularly in cases involving loan-based investments and property sale proceeds.

Learn more

Work authorization

The Nordic Immigration Paradox: Why Digital Efficiency Still Creates Compliance Risk

Director Audrey Morew examines how Nordic immigration systems, while increasingly digital and efficient, can embed compliance risk earlier in the process—placing greater responsibility on employers to ensure data accuracy, internal controls and long‑term compliance from the outset.

Learn more

Work authorization

Canada FIFA World Cup 2026 Visa & Entry Requirements

Partner Rick Lamanna outlines Canada’s entry requirements for the FIFA World Cup 2026, highlighting visa and eTA processes, border expectations and special measures for participants to help travelers prepare for seamless entry during the tournament.

Learn more

Media mentions

The PIE: Relief for Some OPT Applicants in “Immigration Limbo”

Partners Aaron Blumberg and Daniel Pierce discuss how a US pause on processing certain work permit applications including OPT creates uncertainty for international students and employers while early court rulings offer limited case-specific relief.

Learn more

Fragomen news

European Migration Network (EMN) Belgium Report: Labour Migration in Times of Labour Shortages in Belgium

Senior Counsel Jo Antoons, Senior Immigration Managers Manuela Birsan and Andreia Ghimis, Senior Manager Wout Van Doren, Associate Pauline Chomel and Immigration Supervisor Elisabeth Kamm contributed to the European Migration Network (EMN) Belgium report "Labour Migration in Times of Labour Shortages in Belgium."

Learn more

Work authorization

From Investment to EU Residence: Why Italy’s Investor Visa is Gaining Momentum

Manager Pierangelo D'Errico explores how Italy’s Investor Visa is emerging as a strategic alternative to diminishing EU golden visa programmes, offering high‑net‑worth individuals flexible residence rights, deferred investment timing, Schengen access and a structured—though not accelerated—pathway to long‑term EU residence.

Learn more

Media mentions

The New York Times: Have a Canadian Great-Great Grandparent? It Could Make You Canadian.

Partner Rick Lamanna discusses Canada’s expanded citizenship by descent rules extending eligibility to potentially millions of people worldwide with only distant ancestral ties.

Learn more

Awards

Fragomen Features in Ibec’s Top 100 Companies Leading in Wellbeing Index 2026

Fragomen is recognised in Ibec’s Top 100 Companies Leading in Wellbeing Index 2026, highlighting its commitment to employee wellbeing and a supportive workplace culture.

Learn more

Work authorization

The UK Global Talent Visa as a Flexible Residence Option for High-Net-Worth Individuals

Senior Manager Alexander Hood and Senior Associate Lara Hannaway outline how the UK Global Talent visa is increasingly being used by internationally mobile individuals as a flexible UK residence option, examining who the route is designed for, the endorsement process and the sectors currently covered, including the new design route launching in July 2026.

Learn more

Work authorization

Ireland Immigrant Investor Programme: Is the “Golden Visa” Route Now Closed?

Senior Manager Samantha Arnold examines the closure of Ireland’s Immigrant Investor Programme and outlines the limited remaining options for high net worth individuals seeking Irish residence through approved investment and charitable donation routes.

Learn more

Video

May 2026 Visa Bulletin | #MobilityMinute

Partner Melissa Vasquez-Myers highlights key updates from the May 2026 Visa Bulletin, including a pause in employment-based advancement, continued movement in family-based categories and a warning of potential retrogression later this fiscal year.

Learn more

Awards

Citywealth Leaders List: Top 30 Immigration Advisors 2026 Recognises Four Fragomen Professionals

Partners Parisa Karaahmet, Raquel Liberman and Julia Onslow-Cole and Practice Leader Olga Nechita are recognised in Citywealth’s Top 30 Immigration Advisors 2026 for their leadership in advising high-net-worth individuals and families on global mobility and cross-border planning.

Learn more

Work authorization

EB-5 I-526E Request For Evidence Trends: Loans and Property Sales

Senior Associate Tracey Kimberly explores the recent increase in RFEs for EB‑5 I‑526E petitions, highlighting heightened USCIS scrutiny of source-of-funds documentation—particularly in cases involving loan-based investments and property sale proceeds.

Learn more

Work authorization

The Nordic Immigration Paradox: Why Digital Efficiency Still Creates Compliance Risk

Director Audrey Morew examines how Nordic immigration systems, while increasingly digital and efficient, can embed compliance risk earlier in the process—placing greater responsibility on employers to ensure data accuracy, internal controls and long‑term compliance from the outset.

Learn more

Work authorization

Canada FIFA World Cup 2026 Visa & Entry Requirements

Partner Rick Lamanna outlines Canada’s entry requirements for the FIFA World Cup 2026, highlighting visa and eTA processes, border expectations and special measures for participants to help travelers prepare for seamless entry during the tournament.

Learn more

Media mentions

The PIE: Relief for Some OPT Applicants in “Immigration Limbo”

Partners Aaron Blumberg and Daniel Pierce discuss how a US pause on processing certain work permit applications including OPT creates uncertainty for international students and employers while early court rulings offer limited case-specific relief.

Learn more

Fragomen news

European Migration Network (EMN) Belgium Report: Labour Migration in Times of Labour Shortages in Belgium

Senior Counsel Jo Antoons, Senior Immigration Managers Manuela Birsan and Andreia Ghimis, Senior Manager Wout Van Doren, Associate Pauline Chomel and Immigration Supervisor Elisabeth Kamm contributed to the European Migration Network (EMN) Belgium report "Labour Migration in Times of Labour Shortages in Belgium."

Learn more

Work authorization

From Investment to EU Residence: Why Italy’s Investor Visa is Gaining Momentum

Manager Pierangelo D'Errico explores how Italy’s Investor Visa is emerging as a strategic alternative to diminishing EU golden visa programmes, offering high‑net‑worth individuals flexible residence rights, deferred investment timing, Schengen access and a structured—though not accelerated—pathway to long‑term EU residence.

Learn more

Media mentions

The New York Times: Have a Canadian Great-Great Grandparent? It Could Make You Canadian.

Partner Rick Lamanna discusses Canada’s expanded citizenship by descent rules extending eligibility to potentially millions of people worldwide with only distant ancestral ties.

Learn more

Awards

Fragomen Features in Ibec’s Top 100 Companies Leading in Wellbeing Index 2026

Fragomen is recognised in Ibec’s Top 100 Companies Leading in Wellbeing Index 2026, highlighting its commitment to employee wellbeing and a supportive workplace culture.

Learn more

Work authorization

The UK Global Talent Visa as a Flexible Residence Option for High-Net-Worth Individuals

Senior Manager Alexander Hood and Senior Associate Lara Hannaway outline how the UK Global Talent visa is increasingly being used by internationally mobile individuals as a flexible UK residence option, examining who the route is designed for, the endorsement process and the sectors currently covered, including the new design route launching in July 2026.

Learn more

Work authorization

Ireland Immigrant Investor Programme: Is the “Golden Visa” Route Now Closed?

Senior Manager Samantha Arnold examines the closure of Ireland’s Immigrant Investor Programme and outlines the limited remaining options for high net worth individuals seeking Irish residence through approved investment and charitable donation routes.

Learn more

Video

May 2026 Visa Bulletin | #MobilityMinute

Partner Melissa Vasquez-Myers highlights key updates from the May 2026 Visa Bulletin, including a pause in employment-based advancement, continued movement in family-based categories and a warning of potential retrogression later this fiscal year.

Learn more

Awards

Citywealth Leaders List: Top 30 Immigration Advisors 2026 Recognises Four Fragomen Professionals

Partners Parisa Karaahmet, Raquel Liberman and Julia Onslow-Cole and Practice Leader Olga Nechita are recognised in Citywealth’s Top 30 Immigration Advisors 2026 for their leadership in advising high-net-worth individuals and families on global mobility and cross-border planning.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.