Responding to Your Comments on Visa Numbers, Preference Categories, and Spillover
This post is in response to the outpouring of comments and questions on visa number usage, spillover of visa numbers into other preference categories, and the visa number backlog.
Preference Categories
The primary reasons for entering the immigration process in the U.S. are family and employment-based. To manage this process, family and employment-based immigration is broken into preference categories. Congress sets limits on how many individuals may immigrate to the U.S. each year (i.e. visa numbers) and also sets limits on how many individuals may immigrate within each preference category.
Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000.
Per-Country Limit
Section 202 of the INA prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
The demand for visas from nationals of India, China, Mexico, and the Philippines is greater than the per-country limit and that is why these countries are listed separately in the Visa Bulletin. The Department of State (DOS) is responsible for reviewing visa number usage and determining how many numbers are currently available. You can check the monthly Visa Bulletin for more detailed information. The monthly Visa Bulletin allows beneficiaries to know where they stand in the immigration queue.
"Spillover"
The chart below shows the visa numbers that are available for each category, as well as how unused visa numbers "spillover" into other preference categories. Because we strive to use the maximum number of visas available each year, there generally aren't any unused visa numbers available to spillover.
Family-Based (FB) Categories | Visa Number Limits |
Immediate Relatives | Not subject to direct numerical limitations. |
1st Preference (Unmarried sons and daughters of U.S. citizens) | 23,400, plus any remaining FB visa numbers |
2A Preference (Spouses and children of permanent residents) | 87,934, plus a portion of any remaining visa numbers from the FB 1st |
2B Preference (Unmarried sons and daughters of permanent residents) | 26,266, plus a portion of any remaining visa numbers from the FB 1st preference category, and any unused F2A numbers |
3rd Preference (Married sons and daughters of U.S. citizens) | 23,400, plus any remaining visa numbers from the FB 1st and 2nd preference categories |
4th Preference (Brothers and sisters of U.S. citizens) | 65,000, plus any remaining visa numbers from the FB 1st, 2nd, and 3rd preference categories |
Employment-Based (EB) Categories | Visa Number Limits |
1st Preference (Aliens of extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers) | 28.6% of the world-wide employment limit, plus any remaining visa numbers from the EB 4th and 5th preference category |
2nd Preference (Members of the professions holding an advanced degree and national interest waivers) | 28.6% of the world-wide employment limit, plus any remaining visa numbers from the EB 1st preference category |
3rd Preference (Skilled workers and professionals) | 28.6% of the world-wide employment limit, plus any remaining visa numbers from the EB 1st and 2nd preference categories |
3rd Preference (Other workers) | No more than 10,000 |
4th Preference (Certain special immigrants) | 7.1% of the world-wide employment limit |
5th Preference (Employment Creation) | 7.1% of the world-wide employment limit |
We hope this helps our readers better understand how the visa number process works and welcome your comments.


270 Comments:
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«Oldest ‹Older 201 – 270 of 270
Dear USCIS blog manager,
After reading all of the above 200 comments, can we expect any kind of response from blog team? Most of the comments indicate the problem and frustration from people waiting since many years to get the permanent residency.
If you want to use quota system in green card distribution than also implement quota system for H-1Bs, which will automatically control the backlog. I can't believe the police of the entire world, leader of democracy still implements quota system to discriminate people based on their origin. That is called double standards.
USCIS issued thousands of H-1Bs to Indians and Chinese when there was a need for their skills, now all those H-1Bs are trying to get the Green Cards so they can live a better life without the constrains imposed by H-1B regulations on the H-1B holders and their families.
I do not understand why is it such an issue for USCIS and DOS to give the rights and respect to the legal immigrants they deserve.
I really think people who have completed the process of getting approved I-140s should get EAD immediately. There should not be any delay in that process.
We are waiting for your response
Thanks
Legal Immigrant
I agree with Patricia...What good has USCIS done for US economy.There are people out there taking advantange of the US citizens who pay taxes.....and the illegal immigrants whos recieving all the benefits. I'm disappointed how the US system works.
If you are a female illlegal immigrant just go out find any male US citizen have one or two babies and you're pretty much welcomed to stay in the US and get a green card and the best part is the government pays all the medical bills for the birth of these childrens. The childrens are set because they recieve free of cost medical until they turn 21..Do the math so how much will US tax payer be paying... I guess that's one cause for today's bad Economy...
Suggestion to improve My Case Status Dashboard :
The National Processing Volumes and Trends Dashboard for Texas and Nebraska Service Centers at http://dashboard.uscis.gov/index.cfm?formtype=9&office=5&charttype=1 shows that the majority of the I-485 applications are pre-adjudicated and waiting for the visa number.
However, If we go to My Case Status Dashboard at https://egov.uscis.gov/cris/Dashboard.do, there is no indication whether our I-485 application is one of those pre-adjudicated cases or not. In my case, for the past three years, it has been showing only one status called “Initial Review” and I believe most of the employment based I-485 applications are in the same state as mine for the past three years.
I am having difficulty in correlating My Case Status states with various states shown at the trend charts. Would it be possible for USCIS to add an additional my case status to indicate whether our I-485 application are pre-adjudicated and waiting for a visa number or not?
Generally, all of us would like to have a uniform view and terminology across various reports and dashboards provided by USCIS and taking any steps towards that direction would improve the readability and would reduce number of customer service requests.
I have worked out that at 65,000 visas per year, adding all the numbers together, if one applied now it should take approx5 to 6 years to get a gc yet USCIS state 10years how do they know this. Some Service Centers either work faster or harder than others as they are processing at faster rates. Yet still we are told 10 years for a brother or sister to get GC.Does not make sense????????????????HELP????????????????????????????????????????????/
Dear Director,
Thank you providing an avenue for posting our comments. One of the things I wanted to request is to stream line the adjucating process. There are certain steps you may take within your jurisdiction/control to let the people know that their green card is adjucated. People, especially EB3 India/China have been waiting more than 8 years. Knowing that their application has been approved will help them make future decisions. Most of them will help contribute US economy. Things such as Buying house, starting business, capital investments/purchases, etc will help US economy.
Perhaps you can come up with Interim Green Card Provision. I kindly request a transparent process for Green Card Adjucation/ Pre Approval (Waiting for Green Card Priority dates).
Another Provison would be to automatically move EB3 to EB2 if they have Masters Degree or 5years for US experience. Waiting for more than 5 years for Green Card should qualify for EB2 Category. People with Master and 10 years of US experience to EB1 Category, etc. This will help reallign the backlog, especially for EB2/EB3 categories for India/China.
Kindly implement suggestions posted to remove the backlog.We appreciate your effort in this direction.
Thanks
Hi,
1) Why do people have to renew EAD every two years?
We pay taxes like every one else. I pay my taxes, property tax and then this EAD tax which I pay every two years. This is very unfair.
2) Why do we need to have I-131 every year.
Of course I have the option to not file I-131 until I decide to travel.
But consider this. If I have a family emergency and have to travel what would I do then? I would have to wait till I get my I-131 which is often an unknown period of time.
This is an additional tax I have to pay and it is unfair.
3) Why do I have to renew my drivers license every year? Why can't I get it for 5 years or 10 years?
All this takes time, effort, money and causes a lot of aggravation.
Is the US GOVT saying hey, take it or leave it? Or just suck it up, we don't give a damn?
I am thinking of relocating back. I recently bought a house and am working on my masters. Another two years of this mess, finish my masters and I think I am ready to go back. Can't handle it anymore.
I have learned to accept that the "American dream" will never come true for me.
But I still think this is a very wonderful country and will feel sad that I could not be part of this great country and my kids won't have a chance to grow up here.
But to all the guys who posted here it is my advice that we should learn to take the message. It is loud and clear. Suck it up or leave. Cut your losses (The amount that you paid the attorneys and the application fee that was hiked up recently.)
Don't you see the connection? They allowed thousands of people to apply for 485 and at the same time jacked up the prices.
Guys admit it we have been duped by some people who are way smarter that all of us. Accept it like a real man and learn to respect them. Their ancestors worked hard to make this country like this, beautiful and strong and open. We all know how wonderful it is to live here. Go back to your country and work to make it better with your hard work and take with you whatever savings you have made here.
Cut your losses and leave. That is what I plan to do. To all the people who have posted here. I sincerely hope you get lucky and get to realize the American dream and get out of the "slavery" mode you and I are in now. I have lost all hope in that. Two more years of slavery and that's it for me.
God Bless America!!!
my problem with the immigration system is the USCIS keeps approving my petition over and over and every time the embassy keeps on denying it. every time the
consular is finding a different reason not it issue a visa . its like the embassy is saying the uscis officer don't know what they are doing and not doing their job and the embassy employee is doing their job
by keep denying my petition .
My priority date is 28 Apr 2003 under category EB3. The June 2010 VB shows cut-off date at 22 June 2003. Therefore, my PD is current and is very ripe for adjudication. I have an extremely emergent need to travel abroad. Given this situation at this time, which one is a better avenue: file an AP or wait for the GC? Thanks
There are concerns among immigration community that L1A>>EB1C are being misused as there is no LC requirement for L1A and to file for GC.
Lower categories wouldn't get spillover, They remain backlogged, When more people getting GC in this route quickly, .
Why no LC requirement for this category?
Is it not unfair?
I know and am sure USCIS and Visa centre does a great job but I am wanting to immigrate here and marry my fiance but it all seems to take so long. I am and Australian and I understand the amount of illegals her too and that there is a system. But we have een waiting for 3 months and now I have to go back to Australia again as I can't stay here till I hear from US consulate in Sydney to get visa number after being approved here with our 129F application..My fiance also served 26 years in the army for his country and we get a request to prove he is a citizen? even though we had sent that with forms. There has to be a better way I just pray this happens quickly as I love this country and am happy to be a citizen here when the time comes that I can apply.
I agree with the post above... I personally know a few folks, who don't really qualify for EB1, came to the USA a year or 2 back, and they already have EADs! These are guys with less than 5 years of work exp..... EB1 is clearly being misused........
My I-140 petion with PD 2006(EB-3 ROW)was approved 3 years back.My case has been documentarily qualified at NVC.
Unfortunately my company collapsed & now i am planning to file new I-140 .Can I recapture my old PD 2006 for my new I-140 petition.
Providing visas for those wanting to start a business is in the interest of America as this will provide jobs and create opportunities directly and indirectly that will benefit Americans. There's no nation on earth that has created so many opportunities like America has. Let us continue that through encouraging businessmen (I'm one myself) to invest in America.
Respected Sir/ Madam,
Thanks for the information. Can you please advise us what is the visa spillover expected for the current year 2010 and how it is going to be applied? Thanks in advance.
Regards
Visa spill over should move downwards into categories, you are promoting people to file new cases as EB2.
I really think that this in unfair, can you imagine people waitng so long for a visa number to get into the US, come on we are doing this legally, would you rather us to do it illegally
My sister started filling for me in jun 2005, we recently got information that the petiton was approve, all i have to do now is to wait on the visa number, which from my understanding can take years, im currently living in Jamaica, does anyone know if this is true or false that i have to wait years before i get the number. And when i get the number what is the next step.
my petition for my i130 has been approved no im waiting for for visa number, i think i fall in 4th on the visa bulletin, come on the wait is rediculus
What does "Other workers" and "Certain special immigrants" mean exactly? Is there a resource in this blog or a website that provides definitions for these types of employment-based immigrants?
I just don't understand why the US Government makes it so difficult for non-citizens to legally emigrate to the US. Waiting for paperwork that takes years is not a solution for most people and so they choose to enter the country illegally. And as illegal residents they find themselves trapped in an underground economy with no real chance to enjoy the American Dream.
Let's make it easier for people to enter the country legally. Let's document these new arrivals and enable them to become full-fledged members of American society.
Rich In Texas - Making it easier for illegals to become legal will result in America becoming overpopulated and there will be so many immigrants who are prepared to work for minimum wages that your own young people will not be able to find work.
South Africa is faced with a crisis where the new government allowed all neighboring nations easy access into the country and as a result half of the South African work force are unemployed. This has resulted in Xenophobia incidents around the country.
How does everyone think the economy overall is pacing to do before Christmas? Has the trucking industry started the usual tick up during the summer getting the stores ready for Christmas yet?
I believe anyone who follows the LEGAL procedures should be allowed to open a business. They must first be legal and paying taxes like everyone else. Than they should have no problem obtaining a business license.
The US was built on immigrants coming here. As a matter of fact almost every US citizen reading this had a relative that cane as an immigrant. But regulating through proper immigration laws is essential.
lol that is so expensive.
UCIS should list the Category for the EB2 Visa as the public needs to know how many Visa's have been granted for each professional category like Accountant, Shipping Consultant etc as there is no dearth of people available for such jobs in the United States. This can be cross checked with unemployment bureau of each state.
Why not Re-Open the I-245...???? no need an aproval ftom the congress and the immigrants that are here in a process of residency can pay the fees for wait here... and make a path for the people that are here...
I this this will save USCIS and NVC a lot of time and effort - very good idea
If the US made it easier and quicker to enter the country legally then there would be less need to enter illegally. Diversity is the key to the success of the US and long may it continue,
If there is such a large backlog in all the different categories, why do USCIS keep accepting and approving applications? This is all a money making scam and they are playing with peoples lives. STOP sccepting applications until backlogs are cleared. I have suckered into the system as well. I ended up having a child while studying here my marriage fell apart and I lost my home back home so there was no where to go back to. I decided to to legally file for change of status through my employer while I was on a work permit. I got I140 approval so I thought I was ok and on the right track. Now the DMV will not renew my driver's license. I have my approval from Department of Labor, my social security card and my I140 approved in 2006. They refuse to accept it because it is over three years. USCIS know they are not taking apps for I485 until backlog is cleared, am I suppose to wait for over 2 years before I can renew my license? How I am I suppose to get around with my two minor children. I came to this country legally and am going through legal chanels to get my green card. Why not just tell us all to go home instead of having us in limbo. I feel like I am in prison.
IM NOT CURRENT FOR F2B...BUT STILL, IM HAPPY AND BLESSED, BECAUSE USCIS GIVE US A HOPE TO WORK ABROAD, EVENTHOUGH IT TAKES YEARS, LETS JUST SUPPORT WHAT EVER THINGS POSSIBLE HAPPEN, ITS STILL GODS PLAN, AND THEY ARE WONDERFUL INSTRUMENTS IN HELPING US TO MEET USA SOMEDAY..SALUT USCIS AND MORE POWER..=)
H1B Visas are being issued for Accountants. There are so many accountants in the US displaced without jobs. One needs to cancel visas issued in this category for the year 2010.
L1 and H1B visas have been issued by your department with no domestic worker in the company. How do you check on this type of anomaly.
I am all for diversity. I would think the department follows due diligence when they issue H1-Bs to non0immigrnats who wish to work here.
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I have friends who have been waiting years to come here, yet I read that some 220.000 visa numbers were wasted, surely its not rocket science to sort this mess out.
When the per country limit is divided as equal percentage for each of the categories EB1, EB2 and EB3 , I think spill over or unused visas should also be equally given to all the categories with backlogs. Or at least ease the EB2 porting from Eb3, Since there are many professionals still stuck in EB3 even with lot of experiences when compared to EB2.USCIS will be greatly appreciated if they come up with some rules to decrease the EB3 backlogs. It is a lot of stress to lead an unstable life and that too with so many limitations.
So many great comments guy. Keep it up!
If the US made it easier and quicker to enter the country legally then there would be less need to enter illegally
Yes I agree it should be made easier and a lot quicker to enter the country, then it might stop the trade in illegal immigrants.
Terms for acquiring a VISA as well as disqualification of it should be consistent to avoid confusion
thank you for giving us more information about visa number usage, spillover of visa numbers into other preference categories..very well said..thank you..
In my opinion the Congress has very good limits for the immigration policy. I had a colegue who qualified in the Greencard Lottery and another who went in a Work and Travel program. They both said great nation, great visions, but maybe make less burgers :)
If case do not come up soon enough why don't you guys just extend the length of the temporary green card.
My wife and I have been married about 3 years we have two kids and still I need to worry about this.
I understand that there are people that do not have real marriages but there could be a netter screening process.
It doesnt look like this will be solved with the upheaval in the House of Representatives. People need some basic guidance and basic rules, but politics will make this even harder.
I have already tried using visa card in money transaction and yes,it is nice to say that it is very awesome using it.
You gotta hand it to them, they have a heck of a lot on their shoulders, so I think they are doing an OK job. I would say that it seems a little unfair that a person has to wait 5 years after appying for a green card, regardless of how long they've already lived here.
I believe USCIS can keep up a good work. However, I agree on this issue that the visa number and I-485 are regulated process beyond their control and USCIS can not authorize any change to these regulations.
Charles Baratta
they took too long discussing seeing how it would affect a lot of changes in the government.
But i strongly believe that the USCIS will do their very best!
Out of the many illegal alliens that enter this country every year, there are many who are seeking a better future, and will actually enhance the way of life in America in the long-run. I imagine it is hard to see who has well and ill intentions.
At the time of posting, USCIS is reported to announce some relief for affected high-skilled legal immigrants.H1B is a dual intent visa it can lead to immigrant visa.am i right on this?thanks for sharing this.
It seems to me that there are an awful lot of well-meaning people who are trying to do the right thing and figure out a legal path to entering the country. The least we can do it is attempt to find a comprehensive solution to at least some of their difficulties
Immigration has always been issue of concern and will most likely always be one however I believe our policies are placed before us to protect us.
Illegal Immigration is yet another problem that our nation has failed to control. :( Is this discussion even still open?
People have different reasons and purpose for wanting to enter the US soil but then again there are laws that should be implemented and followed in order to protect citizens and ward off illegal aliens that might have ill intentions for visiting the country.
I live by the border of ND and Canada. There is no illegal immigration problem here, but it is a joke to see that there is not even a fence to mark the border.
Sir, why all spillover goes to EB2 applicants, where as the number of applicants waiting in queue is very high in EB3? The wait time in EB3, specially EB3-I is touching 10 years, and growing. USCIS is still approving 140 in EB3 category. Current 60K pending cases can take another 20 years to approve. Is this a justice for EB3?
Immigration will always be an issue in developed countries.
I do believe the US have more stringent policies than we have in Australia, but that is likely due to the history of immigration issues and I believe it is better to protect the most powerful nation.
It is interesting to see the Philippines listed with China, Mexico, and India and those nationals exceeding the per-country limit.
I wonder if the Census has anything to do with the annual preference limit?
I don't get the whole immigration thing. Of course, America was built on the backbone of immigrants. But, weren't these the people who came to this country and learned the language and educated their children and taught them to love this country and all it stood for.
My grandparents were immigrants (legal) and the thought of them ever demanding their rights or waving another country's flag on American soil is laughable.
You end up seeing quite a few Chinese heading over to the states through marriage and work, but when you consider the size of the Chinese population, the percentage is much smaller than those heading over to the USA from the Philippines. Not good or bad, but I think the reputation of Chinese immigrants in a bad light is overblown.
I think, the US need to resemble back the law regarding on the VISA number application. For me it is too strict.
Plus, the immigrant had helped alot towards US modernization in the capacity of construction aspect
The applications for them are subject to a strict annual quota of 675,000 only. There is a preference system in place for the issuing of these visas and there are four categories of preferences for family-sponsored immigration and five types of preferences for employment-sponsored immigration.
The USA has the best system of Government in the world but its sad to note the many complaints against the USCIS because of an outdated immigration system.
Till the US sets this right it should stop milking people by not accepting any applications under any category.The Congress should wake up before its too late,lest China,India,Brazil take over the world!
While it is great that the number of immigrants are being limited, it is creating a huge problem with illegals sneaking over the boarder. One way or another they are going to make it into the US. I would rather they were documented and passed their test to come legally. Then they can be tracked better if some of them misbehave, or the honest ones would at least be paying taxes. Tell me how they are able to suck off our system when they are not even legal or paying taxes. It is an outrage!
I would love to see us devote more effort to help some of these countries develop their economies and give their citizens the freedoms that we have.
Doing this, especially with countries like Mexico would reduce the incentive for illegal immigration in the first place. After that is all these people want, freedom and economic opportunity, just like we enjoy.
Want to know and please give us suggestions on what is the visa spillover expected for the current year 2011 and how it is going to be applied?
Sorry but the main 2 questions that have been asked have basically been ignored. No meaningul information is being provided. What we would really like to know is, if there would be a way to provide relief of some kind to the people stuck in the long backlog.
Matthew David, i think that those two main questions should be answered by a pro, not by us. We can just give our opinion :D
There are certain steps you may take within your jurisdiction/control to let the people know that their green card is adjucated. People, especially EB3 India/China have been waiting more than 8 years.
I think if the process of citizenship was not so much of a hassle we, might have a lot less illegals. I know we can not handle the whole world in one country, we barely have enough jobs for ourselves. But I get the feeling if there was less illegals, we would be able to save a bundle every year.
And how is this supposed to help? One look at the Visa bulletin would have given the same info. How are you capturing the spillover for one and how are the uncaptured Visa numbers from the past being applied to clear EB-2?
This may help. But the problem remains that people are illegally crossing the border unchecked. And yet others still have a hard time gaining legal access to the U.S.
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