Visa Caps
LegalMatch claims that visa availability depends on set annual quota for every category. Learn how an applicants background affects the process here
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What are Visa Caps?

A visa cap refers to the limits on the number of visas that are issued each year by the United States Citizenship and Immigration Services (USCIS). The annual limits are not simple numbers. They reflect calculations that are based on complicated formulas, and they change from year to year. There are also caps for subcategories, such as per-country caps that apply to specified countries and visa categories as well as limits that reflect preferences.

First, there is a limit on the total number of visas; the current limit is 675,000. This total annual limit applies to both foreign applicants and those already in the U.S. who seek to adjust their status. Depending on the type of visa and the country involved, by law only a certain number of visas are issued each year for each category. These limits are also referred to as “visa quotas”. Visa caps are subject to change every year.

There are exceptions to the overall limit. Certain categories of immigrants are exempted from the overall limit. Two examples of exempt categories are the immediate relatives of U.S. citizens and certain special immigrants.

The annual limit is divided into three main categories as follows:

Family-sponsored annual limit: This visa allows the spouse, minor children or parents of a U.S. citizen to become lawful permanent residents of the U.S. Other relatives also have preferences in this category. The limit in this category is actually a range from a minimum of 226,000 up to 480,000. The actual limit is calculated each year as 480,000 from which the total number of immediate relatives of U.S. citizens who became permanent residents in the previous fiscal year (as well as a few other groups) is subtracted. Any unused employment preference numbers in the preceding year are also subtracted. If this results in a number that is less than 226,000, the annual limit will be set at 226,000. This is required by law.

Employment-based annual limit: The minimum in this category is 140,000. The actual limit is calculated as 140,000 to which unused family-sponsored preferences in the previous fiscal year are added. So, for example, in 2005 there were 3,949 unused family-sponsored visa numbers, so they were added to 140,000 to get to the 2006 employment preference limit of 143,949 (140,000 + 3,949). If no family-sponsored visas had gone unused in 2005, the limit in 2006 would have been 140,000. Note that two categories are involved – unused family-sponsored preferences are added to the employment-based annual limit in the subsequent year;

Diversity visa, also known as the green card lottery annual limit: The limit in this category is 55,000, of which up to 5,000 are made available for the Nicaraguan Adjustment and Central American Relief Act program.

Per-country cap: The limit in this category is calculated as 7% of the total annual family-sponsored added to the total employment-based preference limits. If the limits are 226,000 and 140,000, respectively, the per-country limit is 25,620, or 7% of 366,000. Then the per-country cap of 25,620 is divided into two categories, i.e., the family-based visa category with a limit of 15,820 and employment-based visa category limit o 9800.

Per-country cap for dependent areas/territories: The limit in this category is 2% of the total annual family-sponsored and employment-based preference limits, i.e., 7320.

Preference class limits: Each preference class also has its own limit and may be adjusted depending on the allotment of visa numbers throughout the year. In addition, immigration laws passed by Congress, such as authorization to recapture unused visas, may temporarily change the limits for certain categories. Below are explanations provided by DOS’ Visa Office:

This is not the whole of it. There is more to the determination of caps but it is excessively complicated and not of general interest even to people who want to apply for a visa.

Some visa categories allow for a consistently higher number of visas than do other categories. For example, the quota for H1-B visas (employment visas) is usually around 65,000 per year. However, there are exceptions.

The availability of visas for any applicant depends on the type of temporary visa they seek, the limit on the number of visas of the type sought in any one year, the country in which they reside and also the background of the applicant. And, as can be seen above, some complicated calculations.

How Do I Determine What the Cap is For a Visa?

It is sometimes possible to determine the visa caps for a given year by visiting certain websites that maintain listings of visas and the number allowed for a given year. For example, the quotas for family-based visas are determined not only by the category and preference, but also by the number of visas that were issued during the previous year. For example, unclaimed visas (if there are any) from a higher preference may be filtered down to a lower preference category.

As stated above, trying to calculate these caps can get complicated and does not really serve any practical purpose. Whether any particular applicant is granted a visa or not depends on a number of factors. If a person identifies a category that fits the person’s circumstances and qualifications, the person should apply for it. Perhaps the most important thing for an applicant to know is that the number of visas available is limited and an applicant needs to apply strategically.

If the person does not get the visa in one year, the person can try again in the next or search for a different category that might fit their circumstances. An experienced immigration lawyer can be a helpful source of information and advice.

Are There Any Exceptions For the Visa Caps?

Usually, if the visa limits have been met for a given year, exceptions are not made for any applicant. That is, once the visa quota has been met for the application year, additional visas are not issued in that year, and the application time period is closed.

If a non-citizen or sponsor wants to file for a visa application, they may want to explore a number of options, such as filing in a different category if possible. Bear in mind that there are filing fees for each application, and the processing of applications does take time.

Again, consulting with an experienced immigration attorney before actually submitting an application can help in terms of saving time and money on the application process. An immigration attorney can advise you about the categories in which a person could apply and the relative advantages and disadvantages of each.

Do I Need a Lawyer for Help Understanding Visa Caps?

Visa caps can sometimes be tricky, since they can change from year to year. If you or a loved one of yours needs help with a visa application, you should contact a qualified immigration lawyer in your area. Working with an immigration lawyer can help increase your chances at obtaining the visa that is right for you and your family.

Experienced immigration lawyers will be able to advise you on the visa caps for each given category. You are most likely to get the best result with an experienced immigration lawyer representing your interests.

Susan Nerlinger

LegalMatch Legal Writer

Updating Author

Susan is a member of the State Bar of California. She received her J.D. degree in 1983 from the University of California, Hastings College of Law and practiced plaintiff’s personal injury law for 8 years in California. She also taught civil procedure in the Paralegal program at Santa Clara University. She then taught English as a foreign language for eight years in the Czech Republic. Most recently, she taught English as a second language for Montgomery County Public Schools in suburban Washington, D.C. Now she devotes her time to writing on legal and environmental topics. You can follow her on her LinkedIn page.Read More

Susan is a member of the State Bar of California. She received her J.D. degree in 1983 from the University of California, Hastings College of Law and practiced plaintiff’s personal injury law for 8 years in California. She also taught civil procedure in the Paralegal program at Santa Clara University. She then taught English as a foreign language for eight years in the Czech Republic. Most recently, she taught English as a second language for Montgomery County Public Schools in suburban Washington, D.C. Now she devotes her time to writing on legal and environmental topics. You can follow her on her LinkedIn page.