The November 2025 Visa Bulletin: Continued Employment-Based Green Card Backlogs Demonstrate the Need to Consider Alternative Immigration Options
The November 2025 Visa Bulletin brought limited movement across most employment-based categories, leaving many foreign nationals, particularly those born in India, facing continued uncertainty about their green card timelines. For many professionals who have lived and worked in the U.S. for years, the stagnation in the employment-based queues underscores a difficult truth: while relying on traditional green card sponsorship strategies may still be appropriate, it is no longer sufficient.
Employment-Based Categories Show Minimal Progress
The latest Visa Bulletin reflects the ongoing strain on visa availability for high-demand countries. Although the backlogs for employment-based categories for most countries remain comparatively modest (with EB-1 Current, EB-2 listed at July 15, 2024, and EB-3 listed at July 1, 2023), for India the EB-2 and EB-3 category backlogs remain excessive:
- India EB-1 (Extraordinary Ability, Outstanding Professor/Researcher, Multinational Manager): February 15, 2022 (final action date).
- India EB-2 (Advanced Degree / Exceptional Ability): April 1, 2013 (final action date).
- India EB-3 (Professional / Skilled Workers): August 22, 2013 (final action date).
Strategic Alternatives for Backlogged Individuals
For those facing multi-year waits, it is important to think both creatively and proactively about other immigration options that may accelerate the path forward.
- EB-1A (Extraordinary Ability) and EB-2 NIW (National Interest Waiver)
Professionals who have reached the top of their field, in science, technology, business, or the arts, may qualify for a self-sponsored EB-1A petition. Additionally, the EB-2 NIW allows applicants to bypass the PERM labor certification process if their work serves the U.S. national interest. Both categories can move significantly faster than traditional employer-sponsored EB-2 or EB-3 filings, especially when combined with a request for premium processing service.
- EB-5 Immigrant Investor Program
The EB-5 visa category offers a path to permanent residence through investment. Applicants who invest the required capital, generally $800,000 in a qualifying regional center project or $1.05 million in a direct investment scenario, can obtain conditional green cards for themselves and their families. Recent visa bulletins show that EB-5 “set-aside” categories (for certain rural, high-unemployment, and infrastructure projects) remain current for all countries, including India. This means investors may secure green cards faster than through EB-1, EB-2, or EB-3 backlogged routes, making EB-5 an increasingly attractive alternative for those with the means to invest.
Planning Ahead: Flexibility and Readiness Are Key
Even as visa backlogs persist, opportunities sometimes open unexpectedly, for example, when USCIS temporarily allows (as is the case in November 2025) the use of the “Dates for Filing” chart for adjustment of status filings. Being document-ready, with required personal documentation and any other necessary eligibility materials, ensures applicants can act quickly if the window opens.
Partnering for Long-Term Success
The employment-based immigration system remains complex and highly constrained. But backlogs do not have to mean stagnation. With the right guidance, eligible foreign nationals can pursue parallel strategies, from self-sponsorship to investment-based options, which can potentially keep them moving toward their goal of permanent residence.
At Meltzer Hellrung, we work with individuals and employers to create tailored immigration strategies that balance stability, flexibility, and long-term goals. If you are navigating the employment-based backlog and want to explore alternative pathways, including EB-1A, NIW, or EB-5, our team can help you identify the most effective options for your situation.
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