Visa Law Newsroom

Annual Cap on Immigration

IMMACT 90 created an annual flexible cap on immigration of 700,000 in fiscal years 1992-94, and 675,000 thereafter excluding refugee and asylee adjustments and some other categories. During the transitional years, total immigration included 465,000 family-sponsored immigrants, 140,000 employment-based immigrants, 55,000 spouses and children of legalized aliens, and 40,000 diversity immigrants. For FY 95, the lower overall level of immigration consists of an increase in family-sponsored immigrants to 480,000, continuation of 140,000 employment-based immigrants, and conversion of the temporary diversity program into a permanent category of 55,000 visas annually.

The annual cap can be pierced in FY 95 and thereafter if the number of immediate relatives of U.S. citizens exceeds 254,000. This enhancement would result from the way in which IMMACT90 allocates the 480,000 family visas. The 480,000(2) limit on family-sponsored immigrants includes two groups: (1) aliens admitted under the family-sponsored preferences, and (2) aliens admitted as immediate relatives of U.S. citizens.

Although immigrants admitted as immediate relatives are numerically unlimited, the number of family-sponsored preference immigrants is calculated annually by subtracting the number of immediate relatives admitted in the preceding year from 480,000. IMMACT90 also established a numerical minimum of 226,000 for the family-sponsored preferences. The 480,000 annual cap can be pierced, therefore, if the number of immediate relatives of U.S. citizens admitted exceeds 254,000, which when added to the 226,000 minimum for family preference visas would pierce the 480,000 cap.