The Lawful Workforce Utilization Act (LWUA)

SECTION 1. TITLE.

This Act may be cited as “The Lawful Workforce Utilization Act ”.



SECTION 2. FINDINGS AND PURPOSE.

Findings Section (a)


  1. As of 2025, over 4.3 million lawfully approved green card applicants remain stuck in limbo — not because of wrongdoing, but because of a backlogged system driven by outdated numerical caps and allocation methods. This backlog delays lawful integration and undermines American productivity.
  2. The U.S. immigration system has not been updated since 1996, leaving outdated processes that block lawfully vetted, legally present individuals from contributing fully to America’s economy.
  3. More than 231,000 employment-based green cards — already authorized by Congress — went unused in recent years, representing a massive waste of talent and economic opportunity, especially as industries face critical labor shortages.
  4. Outdated green card caps no longer reflect the demands of America’s economy, leaving U.S. industries at a competitive disadvantage in the global labor market.
  5. The backlog punishes those who followed the law, leaving families separated for decades and forcing employers to leave high-need roles unfilled.
  6. Crime victims and trafficking survivors who cooperated with U.S. law enforcement remain stuck due to systemic inefficiencies — undermining public safety partnerships and trust in the legal process.
  7. Updating our lawful immigration infrastructure ensures that pre-vetted talent, family-based applicants, and crime or trafficking victims who upheld U.S. law are not left behind — but are given the opportunity to invest their skills, knowledge, and experience in building America’s future.
  8. Resolving the backlog will strengthen U.S. economic competitiveness, reduce workforce shortages, improve resilience across industries, and enable lawful, pre-approved individuals to contribute fully to the tax base and national productivity.

    9. Findings Section (b): Purpose


    The purpose of this Act is to:


    1. Remove arbitrary limits that block lawfully vetted applicants from filling urgent workforce needs, contributing to U.S. industries, and driving American economic growth.
    2. Put existing, already-authorized green cards to work — deploying them efficiently to qualified applicants stuck in backlog limbo due to outdated caps.
    3. Modernize the green card system through real-time allocation aligned with U.S. labor market demands — ensuring immigration supports, not strains, national priorities.
    4. Clear delays for approved family- and employment-based applicants by restoring timely legal status, relieving pressure on agencies, and upholding the rule of law.
    5. Streamline humanitarian visa processing to assist law enforcement, honor commitments to crime and trafficking victims, and reduce costly court backlogs.
    6. Ensure responsible use of taxpayer dollars with accountability measures, and improve case flow and reduce waste through procedural modernization and digitized systems.
    7. Support America’s economic engine by removing barriers that prevent lawfully present individuals — including U.S.-educated talent — from contributing their skills and experience.



    SECTION 3. STRATEGIC VALUE OF GREEN CARD APPLICANTS BY CATEGORIES

    (a) Employment-Based Applicants

    Skilled workers waiting in the green card backlog — including those in healthcare, STEM, education, and manufacturing — are critical to sustaining U.S. competitiveness and economic strength. Many have already been educated or trained in the U.S. system and are ready to fill urgent workforce shortages. Fast-tracking their legal status ensures a stable pipeline of talent, reduces outsourcing, and boosts tax revenue without expanding overall immigration quotas.


    (b) Family-Based Applicants

    Lawfully processed family-based immigration reinforces American values of strong households and community resilience. United families are more likely to contribute to long-term economic stability, provide mutual caregiving support, and reduce dependency on public assistance programs. In sectors facing labor gaps — such as small business, caregiving, and agriculture — family-based immigrants often play vital roles. Advancing backlogged, pre-vetted family applicants strengthens the cultural and economic fabric of American society.


    (c) Humanitarian Visa Holders

    Applicants for U and T humanitarian visas are vetted individuals who have actively assisted U.S. law enforcement in prosecuting crimes such as human trafficking, gang violence, and domestic abuse. Timely adjudication of their green card applications is not just a humanitarian duty — it is a law enforcement strategy. These applicants serve as trusted allies to police departments, helping dismantle criminal networks and reinforcing public safety for American families.


    SECTION 4. ELIMINATION OF GREEN CARD BACKLOGS

    (a) Immediate Suspension of Caps

    The existing annual numerical caps on family-sponsored and employment-based green cards shall be suspended until the backlog is fully cleared.


    (b) Dedicated Backlog Reduction Unit

    A separate Backlog Reduction Unit shall be established within USCIS, operating independently from normal caseflow, with the sole responsibility of issuing permanent resident cards to already-approved applicants.


    (c) Rapid Processing Timeline

      This unit shall be funded and staffed to process all pending backlogged cases within 18 months of enactment, with measurable monthly benchmarks reported to Congress.


      (d) Mandatory Capacity Expansion

        The Secretary of Homeland Security shall be required to expand staffing, technology, and card production capacity as necessary to meet this timeline.


        SECTION 5. BACKLOG ADJUDICATION AND PROCESSING EFFICIENCY

        (a) Unified Adjudication Structure

        USCIS shall establish dedicated units for family-sponsored, employment-based, and humanitarian visa categories. Each unit shall process cases in strict chronological order based on application receipt date, ensuring transparency and fairness in adjudication.


        (b) Accountability and Oversight

        USCIS shall receive targeted funding and staffing support to ensure all backlogged cases are adjudicated within 18 months of enactment. Progress shall be tracked and reported monthly to congressional oversight committees, with corrective action required if benchmarks are not met.


        (c) Retention of U.S.-Educated Talent

        Applicants who have graduated from accredited U.S. universities — particularly in STEM, healthcare, and other high-need sectors — shall be eligible for priority review. This provision supports the retention of talent already educated and trained within the American system, reducing brain drain and strengthening the domestic workforce.


        (d) Dedicated Unit for New Adjustment-of-Status

        To avoid creating a new backlog while the existing one is resolved, USCIS shall establish a separately funded and staffed unit focused exclusively on processing new adjustment-of-status applications from individuals already lawfully present in the United States. This ensures continued legal pathways for contributing residents without overwhelming the core adjudication system focused on backlog reduction.


        (e) State-Based Workforce Response Provision

        States experiencing critical labor shortages may submit certified requests for expedited adjudication support. USCIS shall coordinate with state workforce agencies to prioritize processing of green card applications in sectors deemed essential at the state level, including but not limited to healthcare, education, public infrastructure, and manufacturing.


        SECTION 6. REPORTING AND TRANSPARENCY

        Mandatory Annual Reporting to Congress


        The Department of Homeland Security (DHS) shall submit an annual report to Congress outlining the status of backlog reduction efforts. This report shall include:
        • The number of green cards issued, disaggregated by category.
        • The number of applicants still awaiting adjudication.
        • A measurable assessment of the backlog reduction’s impact on the U.S. economy, labor market, and agency resource efficiency.


        SECTION 7. IMPLEMENTATION AND FUNDING

        Congress shall authorize the necessary funding to:


        • Modernize immigration processing infrastructure;
        • Expand USCIS workforce capacity and adjudication resources;
        • Reduce backlogs and expedite case processing;
        • Implement a real-time green card allocation system and digital case tracking tools;
        • Strengthen fraud prevention protocols and enforcement measures; and
        • Support collaborative initiatives with state and local governments to assist with lawful workforce integration.


        This funding reflects the scale of reform required to restore functionality and efficiency to our legal immigration system. Independent economic analyses show that clearing the backlog could contribute over $200 billion to U.S. economic growth in the next decade — strengthening key industries, expanding the tax base, and easing workforce shortages without expanding immigration quotas. To ensure responsible use of federal resources, all funds shall be subject to strict oversight, performance benchmarks, and annual reporting to Congress. Investments in digitized USCIS processing systems will yield direct economic returns through reduced delays, increased workforce participation, and more efficient use of taxpayer-authorized green cards.


        SECTION 8. TIMELINE ENFORCEMENT AND ACCOUNTABILITY MEASURES

          1. The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) shall adhere to a targeted timeline of 18 months to eliminate the green card backlog.
          2. If DHS fails to meet backlog reduction targets within 12 months of enactment, it shall be required to submit a detailed corrective action plan to Congress within 90 days, identifying causes, solutions, and updated timelines.

            3. SECTION 9. ECONOMIC AND SECURITY CONSEQUENCES OF INACTION

            1. Prolonged green card backlogs are projected to cost the U.S. economy over $200 billion in the next decade due to:
              • Critical workforce shortages in healthcare, technology, and manufacturing.
              • Lost federal and state tax revenue, increasing pressure on Social Security and Medicare.
              • Heightened national security risks as more individuals are pushed into undocumented or unauthorized work despite being fully vetted and legally approved.
            2. Without timely adjudication, approved applicants remain in legal limbo — contributing to economic instability and undermining trust in the legal immigration system.

            This is not just an immigration issue — it is a matter of protecting American jobs, strengthening American revenue, and safeguarding national security.


            SECTION 10. DIGITAL CASE TRACKING SYSTEM AND TRANSPARENCY TOOLS

            1. DHS shall implement a secure, user-friendly online system allowing all green card applicants to track their case status in real time.
            2. Quarterly public reports shall be published detailing measurable progress in backlog reduction, including:
              • Number of cases processed by category. • Average wait times by visa type. • Performance benchmarks for USCIS adjudication units.

            This system ensures accountability, transparency, and operational efficiency — restoring public trust in the immigration process.


            SECTION 11. FRAUD PREVENTION AND NATIONAL SECURITY ENFORCEMENT

            1. The Department of Homeland Security (DHS) shall implement enhanced identity verification protocols, including biometric authentication and cross-agency data matching, to safeguard the integrity of the green card process.
            2. Any applicant found to have engaged in intentional fraud, document forgery, or misrepresentation shall be subject to expedited removal proceedings and permanent disqualification from future immigration benefits.

              3. SECTION 12. WORK AUTHORIZATION DURING BACKLOG PROCESSING

              1. Without creating new immigration quotas, this section allows pre-approved, background-checked applicants to receive temporary work permits while awaiting final green card issuance — filling critical roles in the U.S. workforce.
              2. Work authorization shall be granted in the order applications are received, ensuring fairness and preventing system overload.
              3. USCIS shall expand internal capacity to process these applications efficiently, without impacting national security or core immigration enforcement operations.

                4. SECTION 13. STATE-LEVEL BACKLOG ASSISTANCE PROGRAM

                1. To accelerate backlog reduction and support local workforce needs, the Department of Homeland Security (DHS) shall collaborate with state and local governments to facilitate green card adjudications.
                2. States experiencing critical labor shortages — particularly in essential sectors such as healthcare, agriculture, education, and manufacturing — may request targeted processing support and resource allocation.

                  3. SECTION 14. SEVERABILITY CLAUSE

                  If any provision of this Act is determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

                  SECTION 15. EFFECTIVE DATE

                  This Act shall take effect immediately upon its enactment.