How Does the Immigration Visa Efficiency and Security Act Limit Immigration?
Be Aware of Recent Limits on Immigration into the U.S.
The amount of people who can immigrate to the United States isn’t unlimited. Many may not realize that there are set limits on how many people can enter. Sometimes, it doesn’t matter whether or not they meet the conditions for a family or employment-based visa.
A law passed in 2023, called the Immigration Visa Efficiency and Security Act, changed the limits on how many family and employment-based visas can be given to people of each country. This means that even if you are qualified for a visa, you may not get one. They may reject you simply because the maximum number of visas for immigrants from your country has already been reached.
When are doing all you can to immigrate to the U.S., it’s important to know how many roadblocks you may face, and need an attorney to help navigate around them. The immigration law attorneys at The Law Offices of Diron Rutty, LLC, offer the services you need.
The Immigration Visa Efficiency and Security Act
This act does not institute an immigration limit. The immigration limits for each country have been in place for years. This act changes the limits and creates an opportunity to bring immigration limits to everyone’s attention.
This new act is a good thing for people looking to immigrate because it raised the immigration limits. It specifically, “increases the annual per-country cap on family-based immigrant visas from 7% of the total number of such visas available to 15% and eliminates the per-country cap for employment-based immigrant visas.”
To best understand if this helps you immigrate to the United States, you need to know what family-based and employment-based immigrant visas are.
What are Employment-Based Visas?
The United States wants immigrants who bring in skills that the American workforce can utilize. For those with such skills, they may be afforded an employment-based visa. This is typically given to someone who has already secured employment in the U.S. but can be given to someone with skills that should allow them to find employment in the U.S.
In an endeavor to continue gaining new quality workers, there is no limit on employment-based visas with the new act.
What are Family Visas?
For legal immigration, the system tries to avoid separating families. If someone is trying to immigrate, they apply to immigrate with their immediate family, such as their spouse, children, and other dependents as well. It’s common for someone to secure an employment-based visa, and then have their family apply for family-based visas to follow them to the U.S.
The Immigration Visa Efficiency and Security Act has increased how many people can receive them, but there is still a limit.
Other Important Changes Made to Limit Immigration
This act did not simply change these two factors involved in immigrating to the United States. It changes several others that may affect your ability to immigrate. These changes include revisions to the transition rules for employment-based visas such as:
- Reserving a percentage of EB-2 visas, which are visas for workers with advanced degrees or exceptional ability
- EB-3 visas – visas for skilled and other workers – for individuals not from the two countries with the largest number of recipients of such visas
- Allotting several visas for professional nurses and physical therapists
The act imposes additional requirements for H-1B visas, such as:
- Prohibiting an employer from advertising that a position is limited to H-1B applicants or that H-1B applicants are preferred
- Prohibiting certain employers from having more than half of their employees as nonimmigrant visa workers
Also, the act includes other tasks and rules, such as:
- The Department of Labor shall also create a publicly available website for employers seeking immigrant workers with an H-1B visa need to post information about their open positions.
- The Department of Labor’s authority to investigate H-1B applications for fraud or misrepresentations has been expanded.
- H-1B or H-3 visas – visas for trainee or special education exchange – are prohibited for nationals of a foreign adversary country for employment in any matter vital to U.S. national interests.
- Certain nonimmigrant visa holders are not allowed to obtain lawful permanent resident status if they have an approved immigrant visa petition, and have waited at least two years for a visa.
To Capitalize on These Changes During the Immigration Process, Contact The Law Offices of Diron Rutty, LLC
There is a good chance that the changes these laws made to immigration in the United States may improve your experience with the immigration process. Our knowledgeable and experienced immigration attorneys stay up-to-date with current events and changes in immigration law. This way we can help our clients with the immigration process to the best of our ability.
For more information, or to schedule a consultation, contact us today.