Travel Visa Cap: A Barrier Or Control?

A travel visa is a conditional authorisation that allows a foreigner to enter, remain within, or leave a country. Visas are typically placed in the traveller's passport and include limits on the duration of the stay, the number of entries, and the purpose of the visit.

In the US, visa caps refer to the limits on the number of visas issued each year by the US Citizenship and Immigration Services (USCIS). The current total annual limit is 675,000, and this number changes from year to year. The annual limit is divided into three main categories: family-sponsored, employment-based, and diversity visas. Each category has its own sub-limits and preferences, and there are also per-country caps.

Visa caps for family reunification

Family reunification is a key component of immigration policies in many countries, including the United States, Canada, and Australia. These countries have implemented various measures to facilitate the reunification of families across international borders. Visa caps play a significant role in managing family reunification, ensuring a balanced approach that considers the nation's demographic and labour market needs.

In the United States, family reunification is the largest avenue for individuals to gain "lawful permanent residence." The program consists of two broad subcategories: immediate relatives of US citizens and family sponsorship according to preference categories. While there is no cap on immediate relative visas, the family preference visas are subject to annual caps. These include specific categories for unmarried adult children of US citizens, spouses and unmarried children of permanent residents, married children of US citizens, and siblings of adult US citizens. The number of visas available in each preference category can vary, and there are limits on the percentage of visas allocated to each country.

Canada also has a Family Reunification Program that allows Canadian citizens and permanent residents to sponsor certain relatives to immigrate as permanent residents. This program includes spouses, common-law partners, parents, grandparents, dependent children, and other relatives in special circumstances. While there is no mention of specific visa caps, Canada has implemented annual intake limits since 2014 to manage demand and processing times for family reunification applications.

Similarly, the Australian government has established visa caps for the 2023-2024 fiscal year, specifying the number of visas granted across various family visa categories. These include contributory parent visas, parent visas, and other family visas for aged dependent relatives, remaining relatives, and carers.

Overall, visa caps play a crucial role in managing family reunification programs, ensuring that immigration aligns with the social, economic, and demographic needs of the country.

Visa caps for employment

The United States has an annual cap of 140,000 employment-based immigrant visas. These visas are divided into five preference categories, with varying requirements, rights, and responsibilities.

The first preference category, known as Employment First Preference (E1), includes priority workers and persons of extraordinary ability. This category does not require a specific job offer, as long as individuals are entering the US to continue working in their field of expertise.

The second preference, or Employment Second Preference (E2), is for professionals holding advanced degrees and persons of exceptional ability. Applicants in this category generally need to have a job offer and must have their application filed by a US employer.

The third preference, or Employment Third Preference (E3), is for skilled workers, professionals, and unskilled workers. This category also requires a job offer and an approved Immigrant Petition for Alien Worker filed by the prospective employer.

The fourth preference, or Employment Fourth Preference (E4), is for certain special immigrants, such as broadcasters employed by international media organisations, ministers of religion, and certain foreign medical graduates.

Finally, the fifth preference, or Employment Fifth Preference (E5), is for immigrant investors who engage in capital investment in new commercial enterprises in the US, creating job opportunities.

It is important to note that spouses and children may accompany or follow employment-based immigrants in most cases. Additionally, the per-country cap restricts individuals from a single country to only 7% of the total number of employment-based visas issued annually, which has created extensive backlogs for certain countries, particularly India and China.

Visa caps for diversity

Diversity Visa Lottery: A Mechanism to Ensure Diversity in Immigration

The Diversity Visa Lottery, also known as the Green Card Lottery, is a United States government program that aims to diversify the immigrant population in the country. Established by the Immigration Act of 1990, the program provides an opportunity for individuals from countries with relatively lower levels of immigration to the US to secure a green card and build a future in the country. The program is administered by the Department of State and conducted under the Immigration and Nationality Act (INA).

The Diversity Visa Lottery makes available 55,000 immigrant visas annually, with a cap of 50,000 visas allocated to the program itself and 5,000 visas reserved for the Nicaraguan Adjustment and Central American Relief Act. The lottery is open to natives of countries that have sent fewer than 50,000 immigrants to the US in the previous five years, ensuring that a diverse range of countries are represented in the immigrant population.

The lottery is conducted through a random drawing, and individuals who are selected must meet certain requirements, including educational and work experience criteria, as well as passing rigorous background checks and security screenings. The program has been criticised for its random nature and concerns have been raised about security risks and fraud. However, supporters argue that the program is necessary to maintain diversity and promote equitable opportunity in the US immigration system.

The Diversity Visa Lottery is just one of several ways that green cards are issued, with other significant sources including family-sponsored immigrants, employment-based immigrants, refugees, and people granted asylum. The program has provided an opportunity for individuals from underrepresented countries to immigrate to the US and build a new life, contributing to the rich cultural diversity that is valued in America.

Overall, the Diversity Visa Lottery plays an important role in ensuring that the US immigrant population is diverse and that individuals from a wide range of countries have the opportunity to pursue their dreams in the country.

Per-country visa caps

The impact of these caps is significant, restricting immigrants' ability to work, travel, and contribute to their new country. It also affects their families, with the risk of children "ageing out" of their immigration status and facing potential family separation or deportation. Moreover, it makes the US less attractive to global talent, hindering its competitiveness.

To address these issues, bipartisan legislation has been introduced in the US Senate and House of Representatives, namely the Equal Access to Green Cards for Legal Employment (EAGLE) Act and the Immigration Visa Efficiency and Security (IVES) Act, respectively. These bills aim to eliminate per-country caps on employment-based green cards and raise the cap for family-based green cards. The proposed reforms are designed to make the system more merit-based and efficient, prioritising skilled immigrants and easing backlogs.

The debate around per-country visa caps highlights the complex nature of immigration policies and the need to balance various factors, including economic competitiveness, family unity, and national security. While proponents of removing the caps argue for a more merit-based and efficient system, critics may raise concerns about the potential impact on American workers and the distribution of visas among countries.

Visa caps for dependent areas/territories

The per-country cap for dependent areas/territories is 2% of the total annual family-sponsored and employment-based preference limits. This amounts to 7320 visas. This is a subcategory of the visa caps imposed by the United States Citizenship and Immigration Services (USCIS).

The overall annual limit for the total number of visas is 675,000. This is a "flexible" cap, with certain categories of immigrants being exempt. The three main categories are:

• Family-sponsored: minimum 226,000, up to 480,000.
• Employment-based: minimum 140,000.
• Diversity visa (green card lottery): 55,000, of which up to 5,000 are for the Nicaraguan Adjustment and Central American Relief Act program.

The per-country cap is 7% of the total annual family-sponsored and employment-based preference limits. This is then divided into two categories: the family-based visa category, with a limit of 15,820, and the employment-based visa category, with a limit of 9800.

Each preference class has its own quota, which may be adjusted depending on the allotment of visa numbers throughout the year.

Frequently asked questions