Per-Country Numerical Limitations for Immigrant Visas
United States citizens and lawful permanent residents have the right to petition the government for visas that would allow their family members to come into the U.S. Employers also have the ability to petition the government for visas that allow them to hire employees from certain foreign countries or to bring employees from foreign offices to work at a U.S. location. However, the specific country from which the foreign national is coming plays an important factor in whether a visa will be approved and the amount of delay experienced before a visa is obtained.
One country-specific limitation is a numerical cap of how many immigrants can obtain visas from certain countries on an annual basis. This type of limitation does not affect petitions for immediate family members to obtain visas but does affect other types of immigrants. Current examples of such numerical caps include the following:
- 140,000 visas that are employment-based;
- 480,000 visas that are family-based;
- No more than seven percent of total visas issued can come from one specific country.
The above caps can cause significant waiting periods for certain visa applications, especially if the quota is consistently hit every year. This means that foreign nationals of countries with a much higher volume of applications may have to wait much longer than nationals of countries with relatively few applications. The State Department issues approximate expected wait times for visas by specific countries in its bulletin based on the “priority date,” which is close to the application filing date. This year’s bulletin shows that family-based applications with the following priority dates are currently under review and being processed by USCIS:
- China, India, and most other countries = priority date of May of 2009, which means a delay of more than seven years;
- Philippines = priority date of March of 2005, which means a delay of more than 11 years;
- Mexico = priority date of March of 1995, which means a delay of more than 21 years.
A proposed bill in Congress, H.R. 213, seeks to increase the per-country numerical limit for family-based visas and to eliminate the caps for employment-based visas altogether. This would, in turn, decrease wait times for visas significantly. We will keep you updated on any new developments regarding the law and immigrant visas.
Call 201-703-9400 today for more information.
The laws and procedures regarding immigrant visas are confusing and can change often. If you have any questions regarding any immigration matter in New Jersey or New York, please contact Ronald P. Mondello, Esq. Attorney at Law for help today.
