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US Green Card rules could change under Alex Padilla's bill. Here's why it's big news for Indian H-1B visa holders
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A new immigration proposal by California Senator Alex Padilla could offer a fresh pathway to permanent residency for millions of immigrants living in the United States, including thousands of Indians waiting for Green Cards.
The legislation seeks to update an immigration provision that has remained largely unchanged for decades. If approved by Congress, it could allow immigrants who have continuously lived in the US for at least seven years to apply for lawful permanent residency, provided they meet other eligibility conditions.
Here's what the proposal says and what it could mean for Indian H-1B visa holders.
What is Alex Padilla's proposal?
On July 27, Democratic Senator Alex Padilla renewed his push for the Renewing Immigration Provisions of the Immigration Act of 1929 Bill, legislation he first introduced last year.
Explaining the need for the proposal, Padilla criticised the Trump administration's immigration policies.
"A year ago, I introduced this bill to push back against the Trump administration's cruel treatment of hardworking immigrants," Padilla said.
He added that the situation had worsened over the past year.
"Since then, President Trump’s campaign of fear has only escalated, with families living under constant uncertainty despite having built their lives in this country. Congress cannot continue to ignore millions of long-term residents who contribute to our economy and communities every day. It’s past time to modernise our immigration laws and create a fair pathway to lawful permanent residency," the Democratic senator said.
Under the proposal, immigrants who have lived continuously in the United States for at least seven years before applying could become eligible for permanent residency, provided they have no criminal record and satisfy other legal requirements.
Padilla has described the proposal as a "common-sense" update to America's immigration system.
What changes does the bill make?
The legislation seeks to amend Section 249 of the Immigration and Nationality Act, also known as the Registry provision.
The current law allows certain immigrants to apply for lawful permanent residency only if they entered the United States before January 1, 1972. That eligibility date has remained unchanged since 1986.
Padilla's bill would replace that fixed cut-off with a rolling requirement. Instead of requiring entry before 1972, immigrants who have lived continuously in the US for at least seven years before filing an application could qualify for a Green Card if they meet all other eligibility conditions.
According to Padilla's office, more than eight million people could become eligible to apply under the proposed law. This includes Dreamers, Temporary Protected Status (TPS) holders, children of long-term visa holders, essential workers and highly skilled professionals, including H-1B visa holders.
Why could this matter for Indians?
The proposal could be significant for Indian professionals, who account for the majority of H-1B visa holders in the United States.
Of the nearly 85,000 H-1B visas issued every year, around 70 per cent go to Indian nationals.
If the bill becomes law, many Indians waiting years for employment-based Green Cards could have another route to permanent residency.
According to data from the US Citizenship and Immigration Services (USCIS), nearly one million Indians are currently waiting in the Green Card backlog. Many families face waiting periods that stretch into decades because of country-wise limits on employment-based Green Cards.
The proposal could also benefit Indian students who remain in the US after graduation. Every year, thousands move from student visas to Optional Practical Training (OPT) and later to H-1B visas, eventually joining the same employment-based Green Card queue.
Can the bill become law?
The proposal still faces a difficult path through Congress. While it has support from Democratic lawmakers, including Senator Dick Durbin, immigration remains one of the most politically contested issues in the United States.
In recent months, several Republican lawmakers have instead proposed measures to restrict or even eliminate the H-1B visa programme.
In April, Congressman Eli Crane introduced the End H-1B Visa Abuse Act of 2026, which proposes a three-year pause on new H-1B visas while requiring existing visa holders to gradually leave the United States during that period.
Earlier, in February, Representative Greg Steube introduced the Ending Exploitative Imported Labour Exemptions (Exile) Act, which proposes reducing the annual number of H-1B visas to zero from the 2027 financial year onward, effectively ending the programme.
With competing immigration proposals already before Congress, Padilla's bill will have to secure enough support in both chambers before it can become law.