Is your case stuck in administrative process for years? We can help you by completing this form

Immigration Lawyer
San Diego

Spread the love

The Immigration and Naturalization Act establishes limits on the number of most types of visas that may be issued in a given year. In many categories, the limits involve formulas with factors that relate to the number of visas issued in other categories, resulting in these quotas being linked together. To learn how these visa quotas may impact your immigration case in San Diego, speak with an attorney from Hacking Immigration Law, LLC.

Types of Visas

A visa gives citizens of one country permission to enter another. The United States issues two primary types of visas—nonimmigrant visas for those who wish to travel to the U.S. on a temporary basis and immigrant visas for those who wish to establish permanent residency in this country.

Temporary visas may be issued to those seeking to have an extended vacation, obtain medical treatment, visit family, work temporarily, or many other reasons. Immigrant visas may be issued for numerous different reasons, but they share the characteristic of enabling the holders to become lawful permanent residents eligible to work and enjoy other benefits.

There are many types of immigrant and nonimmigrant visas based on the characteristics and situation of the visa holder. U.S. law limits the total number of immigrant visas issued each year and sets limits for different types of visas as well as quotas on the number of visas issued to residents of particular countries. There are no such general limits on nonimmigrant visas.

Visa Quotas Based on Type

Although there are numerous types of immigrant visas, many of them are based on family status or employment. With regard to family members, the number of immediate relatives of U.S. citizens granted immigrant visas is not limited. Immediate relatives are generally considered to be spouses, minor children and parents.

Other family members such as adult children and siblings of U.S. citizens and spouses and children of lawful permanent residents may be granted visas under the family preference system, but the number of these visas issued each year is limited to 226,000. Within this overall limit, there are individual limits for different types of family categories, but these may be adjusted if the quotas for some categories are not filled.

Visas based on employment are broken into a number of categories, with an overall limit of 140,000 with a quota on each category. For 2018, for instance, the limit on the "E1" employment first preference category was 40,040. If this quota was not filled, the extra available visas could "fall" to the E2 category.

Visa Quotas Based on Country of Origin

In the interests of furthering diversity and to prevent one immigrant group from dominating immigration to the U.S., the law limits the number of family-sponsored and employment-based visas that will be issued to people from any one country in a given year. Individuals from one country may not receive more than 7% of the visas issued that year.

Because citizens of some countries such as Mexico and India apply in greater numbers than citizens of other countries, these country quotas affect these applicants more heavily and can increase their wait time substantially.

For purposes of the per country limit, applicants are usually affiliated with the country of their birth, regardless of whether they have since moved and obtained citizenship in another country.

Speak with a San Diego Attorney to Learn More About Visa Quotas

Visa limits for particular categories can change based on availability in other categories and due to amendments in immigration law. Because of volatile nature of visa quotas in San Diego, it is important to reach out to a lawyer with any questions you may have. To get in touch with one of our attorneys, schedule a consultation today.

Get in touch with
a HIL immigration attorney in
San Diego

Navigating the maze of U.S. immigration law can be tricky for anybody, especially if English is your second language or you have unique circumstances motivating you to move here. Fortunately, if you are unsure about any areas of immigration or the naturalization process, help through an immigration lawyer (San Diego) is available at the Hacking Immigration Law LLC.

Retaining one of our dedicated San Diego immigration lawyers could help you both with USCIS and other U.S. immigration authorities. To find out how immigration attorneys could help you with your specific case, call us today to schedule a consultation.
This site is protected by reCAPTCHA and the Google Privacy 
Policy and Terms of Service apply.

What They Say About Us

Our Lawyers Have Received Over 500 Google Reviews

Sriram Devanathan

im is a great attorney who always has his human side “ON”. The clients come first to him. When approached for time sensitive issues, he was readily available and was prompt. I have had to reach out to him for myself & have recommended him to others. He always welcomed everyone and gave patient hearing. And he would not mind recommending other attorneys’ if he feels that they would better serve that particular case. Even if it means one less client for him. That sums up who Jim is. Thank you Jim!

Justin Charboneau

Jim and his team are extremely knowledgeable individuals. It is great to have someone like this on your side. I have and will continue to recommend Hacking Law Practice, LLC to anyone who needs legal advice on immigration issues.

Bouchra Aanouz

This firm was amazing helping me with my husband’s case. Jim and his team were very responsive to all my questions and concerns. i wish I had consulted them earlier as my husband’s case was stuck in Administrative Processing for over a year and a half. Two months after I gave my case to Jim, my husband was granted his visa. Would definitely recommend them and already have recommended them to my friends.

As seen in

Got Questions? We’ve Got Answers

The attorneys at the Hacking Immigration Law are dedicated to helping the foreign-born people of St. Louis to live and work in the United States. This dedication is reflected in the kind and grateful words of the clients they have helped. Read what others have to say about the hard work that the Hacking Immigration Law has done to help those in St. Louis.

Does paying for premium processing on an H1B case mean I will find out sooner if our case was selected in the lottery?

Premium processing is an add-on service that USCIS offers for a variety of immigration cases, primarily in the employment-based visa categories.Premium processing costs an additional $1225 in USCIS filing fees.

What is the H-1B visa lottery and how does it work?

In 2014, USCIS received more than 172,000 H-1B visa applications on the April 1st deadline, exceeding Congress’s cap by 87,000 applications.

Can an Unmarried Son or Daughter of a Lawful Permanent Resident Keep Their F2B Visa Classification After Their Sponsoring Parent Naturalizes?

The immigration laws treat the adult, unmarried children of citizens differently than the adult, unmarried children of lawful permanent residents.

What is the "newspaper of general circulation" for PERM job postings?

The Department of Labor requires employers to advertise positions that they intend to submit a PERM application on to publish the job position in the local newspaper of general circulation.

Can I Apply for Citizenship if I Lost My Green Card or It Expired?

In the past, USCIS and some immigration attorneys believed that you could not become a naturalized citizen if you did not have a valid green card (LPR) card to bring with you to your naturalization interview.

Is there such a thing as expedited removal of an immigrant and, if so, what is it?

Most people believe that removal orders or “deportation” orders only happen when you go to the immigration court and see an immigration judge. Unfortunately, this is not the case.

Does testing positive for HIV make someone inadmissible to the United States?

On January 4, 2010, the United States officially removed Human Immunodeficiency Virus (HIV) infection from the list of “communicable diseases of public health significance” that make an individual ineligible for admission to the United States.

Are there any special visas for translators who assisted US forces in Afghanistan or Iraq?

Under United States immigration law, there are two Special Immigrant Visas available for Iraqi citizens or nationals who have worked for the United States.