Trump's immigration plan would cancel all current GC applications
The backlog of Indians who are principals and dependents in the employment-based second and employment-based third categories comes to approximately 550,000, according to U.S. Citizenship and Immigration Services (USCIS). State Department data indicate there are additional tens of thousands of individual waiting for employment-based green cards outside of the United States. These applications, with a possible exception for those whose adjudications are close to any bill’s date of passage, would be eliminated under the administration’s plan as currently explained.
The half million or more individuals waiting in employment-based immigrant backlogs must hope to achieve enough points or will eventually need to leave the country. It is unclear whether there would be any provision to allow those in H-1B status to remain in the United States beyond the six-year limit, since under current law that provision is pegged to a pending employment-based green card application and, it appears, there will no longer be any “pending” green card applications, just “Build America” visas.
Individuals whose applications are eliminated, such as an engineer in the employment-based second or third preference already waiting 7 years for a green card, will need to compete with each other, family immigrants and, in theory, anyone else in the world who wants to apply in a given year for a green card in the United States. If 2 or 3 million people apply each year under the point system, there is little guarantee that those whose applications would be eliminated, even if they are awarded some additional points, would garner a high enough “score” to gain permanent residence under the new system.