PERSONS WITHIN THE FAMILY NUMERICAL LIMITATION SYSTEM
WITHIN the numerical limitation system there are three separate limitations: (1) There is an absolute cap of 675,000 visas per year; (2) There is an annual cap of 25,620 visas per year for each independent country and 7,320 visas per year for dependent territories; and (3) There are percentage limitations within the preference categories.
* Family-based: annual minimum limit of 226,000 up to a maximum of 480,000
Family Sponsored Immigrants – A minimum of 226,000 family sponsored visas will be allocated annually to the following Family Preference System:
Immigrant visa chargeability is based upon country of birth, not upon the country of present citizenship.
There is usually no bias for or against persons from any particular country. Backlogs have been created in some preference categories due to high demand for immigrant visas.
The numerical limitations are further broken down as follows:
* Employment-based: annual limit of 140,000
* Diversity immigrants: annual limit of 55,000
First Preference – Unmarried sons and daughters of U.S. citizens; there are 23,400 visas per year.
Second Preference – 114,200 visas per year plus any unused visas above the 226,000 family preference minimum plus any unused First Preference numbers. The Second Preference visa category is divided into 2 sub-categories.
(2)(A) Spouses and minor children of permanent residents – 77% of all Second Preference numbers.
(2)(B) Unmarried sons and daughters of permanent residents – 23% of all Second Preference numbers.
Third Preference – Married sons and daughters of U.S. citizens; there are 23,400 visas per year plus any unused visas from the first two family preference categories.
Fourth Preference – Brothers and sisters of adult U.S. citizens; there are 65,000 visas per year plus any unused visas from the first three preference categories.