The Preserving Employment Visas Act was introduced in the U.S. House of Representatives on October 6, 2021. The Act asks Congress to roll over approximately 90,000 employment-based visas that expired on September 30, 2021. A similar effort was introduced in the U.S. Senate on September 23, 2021.

U.S. Citizenship and Immigration Services (USCIS) added 122,000 additional employment-based visas to the FY2021 allotment. The additional visas were a rollover of FY 2020 family-based visas that were not used due to the pandemic and resulting slowdowns in processing.

At the end of FY 2021 (September 30, 2021), approximately 80,000 visas were not awarded. If not for the COVID pandemic, it is likely that all visas would have been used. These rollover visas were not subject to the per country cap. As a result, individuals who have been waiting years or even decades could have received the visas. Many individuals who have been waiting are from India and China.

The per country cap states that each country can receive no more than 7% of the annual allotment of 140,000 employment-based visas. Because these visas were not subject to that annual cap, they could have been available to address the large backlog in applications from India and China.

Waiting for a visa impacts others in the family of the employment-based visa holder. If there are minor children within the family and they reach 21 before the green card is issued to the parent with the employment-based visa, they ‘time out’ and are no longer eligible for residency. This group of individuals is sometimes referred to as ‘documented dreamers.’ The America’s Children Act, introduced in September 2021, aims to offer college graduates who have ‘aged out’ some relief.

The U.S. Citizenship Act of 2021 proposes legislation that would revamp the immigration process, including rescinding the per-country cap. That bill has not yet been introduced to Congress.

ILBSG continues to monitor the multiple developments in the ongoing challenges and changes to the U.S. immigration system. If you have questions about any immigration-related issue, contact us. We are here to work with you to ensure you get the right advice.

Employment Based Visa