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WHAT IS SPILLOVER OF VISA NUMBER? HOW DOES IT WORK?

WHAT IS SPILLOVER OF VISA NUMBER? HOW DOES IT WORK?

Annual minimum family-sponsored preference limit is 226,000 visa numbers.. The worldwide level for annual employment-based preference immigrants is 140,000 visa numbers.

Per-Country Limit:

per-country limit for immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

Unused visa numbers during a fiscal year may be re-allocated to other categories popularly known as  “spill-over.”

SPILLOVER can happen in below cases

  • Fall Across: If an oversubscribed country demands small quantity of visas in the family preferences, the remaining  visa numbers would be made available to the Employment preferences, as long as the total number use is still within the annual limit for that country. EB1, EB2 and EB3 would each receive 28.6% of the excess numbers, and EB4 and EB5 would get 7.1% .

    Fall-across may also happen if an oversubscribed country lacks demand in the employment preferences, which would result in excess visa numbers being allocated to family preferences.

  • Fall Down: Unused visa numbers in a higher preference level can “fall-down” to lower preference categories. For example, excess EB1 numbers can “fall-down” to EB2. Similarly, EB3 will receive unused numbers of EB1 and EB2.

 

  • Fall Up: Unused visa numbers in EB4 and EB5 can “fall-up” to EB1.

 

The chart below shows the visa numbers that are available for each category, as well as how unused visa numbers “spillover” into other preference categories.

 

Family-Based (FB) Categories Visa Number Limits
Immediate Relatives Not subject to direct numerical limitations.
1st Preference (Unmarried sons and daughters of U.S. citizens) 23,400, plus any remaining FB visa numbers
2A Preference (Spouses and children of permanent residents) 87,934, plus a portion of any remaining visa numbers from the FB 1st
2B Preference (Unmarried sons and daughters of permanent residents) 26,266, plus a portion of any remaining visa numbers from the FB 1st preference category, and any unused F2A numbers
3rd Preference (Married sons and daughters of U.S. citizens) 23,400, plus any remaining visa numbers from the FB 1st and 2nd preference categories
4th Preference (Brothers and sisters of U.S. citizens) 65,000, plus any remaining visa numbers from the FB 1st, 2nd, and 3rd preference categories
Employment-Based (EB) Categories Visa Number Limits
1st Preference (Aliens of extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers) 28.6% of the world-wide employment limit, plus any remaining visa numbers from the EB 4th and 5th preference category
2nd Preference (Members of the professions holding an advanced degree and national interest waivers) 28.6% of the world-wide employment limit, plus any remaining visa numbers from the EB 1st preference category
3rd Preference (Skilled workers and professionals) 28.6% of the world-wide employment limit, plus any remaining visa numbers from the EB 1st and 2nd preference categories
3rd Preference (Other workers) No more than 10,000
4th Preference (Certain special immigrants) 7.1% of the world-wide employment limit
5th Preference (Employment Creation) 7.1% of the world-wide employment limit

 

 

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