Immigration Task Force
Major Visa Categories Changed by the Border Security, Economic Opportunity, and Immigration Modernization Act (S.744) Temporary (Nonimmigrant) Visas CURRENT CURRENT CATEGORY NAME OR CAP DESCRIPTION
NEW INITIAL CAP
NEW CAP IN SUBSEQUENT YEARS
AVG FLOW, FY 2003-12
H-1B
129,435*
Temporary
Base: 65,000.
Base: 115,000 to
Base cap may adjust by
worker of
STEM advanced
180,000 (starts at
5,000 to 20,000 annually
distinguished
degrees:
115,000).
(up or down) based on
merit and
20,000.
STEM advanced
previous year’s approvals,
ability
Uncapped:
degrees: 25,000.
within same 115,000 to
universities,
Uncapped: universities,
180,000 range.
nonprofit or
nonprofit or government
No cap increase if
government
research.
unemployment for
research.
Management, Professional, Related Occupations above 4.5 percent.
H-2A
Temporary
Uncapped
agricultural
Uncapped until W-3 and
Eliminated
48,265
18,000; eligibility
18,000; eligibility
364 (none
expanded.
expanded.
2003-
W-4 replace.
worker U
Crime victims
10,000
2008) V
Family
Uncapped
Uncapped.
Uncapped.
6,788
Category changed to
Category changed to
(none
unmarried sons and
unmarried sons and
2008-
daughters of LPRs,
daughters of LPRs,
2012)
married sons and
married sons and
daughters of citizens,
daughters of citizens,
siblings of citizens.
siblings of citizens.
Major Visa Categories Changed by the Border Security, Economic Opportunity, and Immigration Modernization Act (S.744) | 1
W-1
Less-skilled
First year: 20,000.
Changed by formula that
non-agricultural
-
Second year: 35,000.
accounts for visa demand,
workers
Third year: 55,000.
job openings, and
Fourth year: 75,000.
unemployment.
New
Minimum 20,000; maximum 200,000. W-2
Spouses and
-
Uncapped
Uncapped
-
First five years: 112,333 Cap set by Secretary of
New
minor children of W-1 visa holders W-3 and
Less-skilled
W-4
agricultural
(Secretary of Agriculture Agriculture.
workers
may adjust).
Z
E-3
E-4
Retirees
-
Uncapped.
Uncapped.
No work authorization.
No work authorization
Must use $500k to buy
Must use $500k to buy a
a US residence & have
US residence & have
health insurance.
health insurance.
Adds Ireland (with
Adds Ireland (with
1,758
Speciality
education / work
education / work
(none
Occupation
requirements).
requirements).
2003-04,
Professionals
10,500 per country.
10,500 per country.
four in
from Australia
Cap does not apply to
Cap does not apply to
2005)
spouses and children.
spouses and children.
5,000 per designated
5,000 per designated
country.
country.
Cap does not apply to
Cap does not apply to
spouses and children.
spouses and children.
Wage and other
Wage and other
attestations required.
attestations required.
Certain
10,500
Trade
-
agreements
E-5
E-6
New
Specialty
5,000.
5,000.
occupation
-
Cap does not apply to
Cap does not apply to
workers from
spouses and children.
spouses and children.
South Korea
Wage and other
Wage and other
attestations required.
attestations required.
Sub-Saharan
10,500.
10,500.
African and
-
Cap does not apply to
Cap does not apply to
Caribbean
spouses and children.
spouses and children.
workers
Education / work
Education / work
requirements.
requirements.
New
New
New
New
Major Visa Categories Changed by the Border Security, Economic Opportunity, and Immigration Modernization Act (S.744) | 2
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Permanent Resident (Immigrant) Visas CURRENT CURRENT CATEGORY NAME OR CAP DESCRIPTION
NEW INITIAL CAP (FIRST 18 MONTHS UNLESS SPECIFIED)
NEW CAP IN SUBSEQUENT YEARS
AVG FLOW, FY 2003-12
IR-1
Uncapped
Uncapped
Uncapped
269,579
Uncapped
Uncapped
Uncapped
Spouse of citizen
IR-2
Unmarried children under
93,413
21 IR-3
Orphan
Uncapped
Uncapped
Uncapped
Uncapped
Uncapped
Uncapped
Uncapped
Uncapped
Uncapped
106,295
23,400
20% of total.
35% of total.
24,597
70,742**
adopted abroad IR-4
Orphan to be adopted
IR-5
Parent of over 21 citizen
F-1
Unmarried sons and daughters of citizens
F-2A F-2B
Spouses or
Uncapped (moves to
Uncapped (moves to
children of LPRs
114,200
immediate relatives).
immediate relatives).
Unmarried sons
20% of total.
40% of total.
24,010**
25,851
or daughters of LPRs F-3
F-4
Married sons
20% of total (now
25% of total (now limited
and daughters
23,400
limited to age 31 or
to age 31 or younger).
of citizens
younger).
Brothers and
65,000
40% of total.
Eliminated
Maximum
480,000 minus
FY 2015: Same as
FY 2016 and beyond:
number of F
number of IR
current law, plus total
Same as current law.
visas
visas, plus
number of unused F
unused EB
visas from FY 1992-
visas from
2013.
64,235
sisters of citizens F maximum
209,441
previous FY. F minimum
Minimum
226,000
226,000
161,000
28.6% of total.
Uncapped
Uncapped
number of F visas EB-1
Priority workers
Â
35,736
Major Visa Categories Changed by the Border Security, Economic Opportunity, and Immigration Modernization Act (S.744) | 3
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CURRENT CURRENT CATEGORY NAME OR CAP DESCRIPTION
NEW INITIAL CAP (FIRST 18 MONTHS UNLESS SPECIFIED)
NEW CAP IN SUBSEQUENT YEARS
AVG FLOW, FY 2003-12
EB-2
28.6% of total.
40% of total.
40% of total.
44,394
Skilled workers, 28.6% of total.
40% of total.
40% of total.
64,191
professionals,
First four years: plus all
and other
Merit Track One visas.
Members of the professions holding advanced degrees, or of exceptional ability
EB-3
workers EB-4
Certain special
7.1% of total.
10% of total.
10% of total.
7,922
7.1% of total.
10% of total.
10% of total.
1,959
-
10,000
10,000
New
FY 2015: 140,000 not
FY 2016 and beyond:
70,650**
including derivatives,
140,000 not including
accompanying
plus total number of
derivatives.
family
unused EB visas from FY
immigrants EB-5
Employment creation
EB-6
Entrepreneurs
EB
Employment
principals
excluding
140,000
1992-2013. EB
Family
derivatives
accompanying
Uncapped
Uncapped
84,025**
Eliminated (individuals
Eliminated
45,908
employment principals DV
Diversity
55,000
selected in FY 2013 and FY 2014 may still come). PhD
Hold US
-
Uncapped
Uncapped
New
-
Uncapped
Uncapped
New
doctorate or foreign equivalent STEM MA+
Earned MA or higher in past five years from top research universities
Â
Major Visa Categories Changed by the Border Security, Economic Opportunity, and Immigration Modernization Act (S.744) | 4
CURRENT CURRENT CATEGORY NAME OR CAP DESCRIPTION
NEW INITIAL CAP (FIRST 18 MONTHS UNLESS SPECIFIED)
NEW CAP IN SUBSEQUENT YEARS
AVG FLOW, FY 2003-12
Physicians
Uncapped
Uncapped
New
120,000 to 250,000
120,000 to 250,000.
New
(starts at 120,000).
Can increase by 5% if (1)
Can increase by 5% if
number visas awarded in
(1) number visas
previous year was ≤75%
awarded in previous
the number of applications
year was ≤75% the
and (2) unemployment is
number of applications
below 8.5%.
and (2) unemployment
FY 2018 and beyond:
is below 8.5%.
allocated based on point
FY 2015-17: added to
system.
Physicians who
-
completed the foreign residency requirements or obtained a waiver (§2307) or who served in underserved areas (§2402) Merit 1
Merit Track One -
EB-3 cap. Merit 2
Merit Track Two -
Uncapped; all currently
Uncapped; F-3 and F-4
(Backlog)
backlogged family and
immigrants accepted after
employment immigrants
enactment who are not
are admitted in even
admitted within five years
intervals over FY 2015-
are admitted in FY 2022
21.
and FY 2023.
New
* H-1B cap was 195,000 in FY 2003. To accurately represent flows based on the current cap, used FY 2005-12 ** Computed from detailed immigrant admission category tables in Yearbook of Immigration Statistics. DHS excludes some small categories for disclosure purposes. Between FY 2003 and FY 2012, this meant that these totals exclude an annual average of 107 EB visas and 10 F-2 visas. Note on sources: •
Based on S.744 text as reported in the Senate on May 28, 2013.
•
Annual flows for permanent resident visas computed from the Yearbook of Immigration Statistics, 2003 to 2012 editions.
•
Annual flows for temporary nonimmigrant visas computed from State Department nonimmigrant visa statistics.
Major Visa Categories Changed by the Border Security, Economic Opportunity, and Immigration Modernization Act (S.744) | 5