US immigration reform: Senators propose raising family visa cap to 15%

Two Democratic Senators introduced a bill in the US on Wednesday to ease immigration backlogs and increase per-country visa caps, a move that could benefit Indian and Chinese nationals. If enacted, the Reuniting Families Act would raise the per-country cap for family-based immigration from 7% to 15%.

 

The legislation, spearheaded by Senators Mazie K Hirono and Tammy Duckworth, also seeks to tackle long-standing backlogs in the US immigration system, affecting millions of applicants worldwide. The bill includes provisions to address family unity, eliminate discrimination against LGBTQ+ families, and prevent children from “ageing out” of eligibility.

 

Key provisions of the bill

 

 

Recapturing unused visas: Allocates unused visas from previous years to the annual quota.  

Exemptions from caps: Spouses, children under 21, and certain parents of permanent residents would not be subject to visa caps.  

LGBTQ+ protections: Ensures equal treatment for same-sex couples and their families.  

“Aging out” prevention: Extends eligibility for children who turn 21 while waiting for their visa.  

Expanded deportation discretion: Allows flexibility in cases of extreme hardship, particularly for family members of US citizens.  

 

The bill also incorporates Senator Hirono’s Filipino Veterans Family Reunification Act, designed to expedite visa processing for children of Filipino World War II veterans.

 

Impact on Indian applicants

 

Indian nationals stand to gain from the proposed changes, as the current visa cap disproportionately affects countries with high demand. For decades, Indians have faced protracted wait times for both family- and employment-based visas.

 

According to the US Department of State, over 1 million Indians are awaiting green cards, with some employment-based applicants predicted to wait more than 100 years. Family-sponsored visa applicants also face delays, with priority dates stretching back to 2006 for certain categories.

 

Figures released as of November 2023 show the backlog for family-sponsored categories includes:

F1 (unmarried children of US citizens): 261,384 applicants  

F2A (spouses and children of permanent residents): 337,958 applicants  

F2B (unmarried adult children of permanent residents): 385,664 applicants  

F3 (married children of US citizens): 588,883 applicants  

F4 (siblings of US citizens): 2,199,512 applicants  

 

Given the high demand from India, a large portion of these applicants come from Indian nationals. The December 2024 Visa Bulletin indicates priority dates for Indian applicants range from October 2015 for unmarried children of US citizens (F1) to March 2006 for siblings of US citizens (F4), highlighting the extensive delays.

 

Presenting the Bill, Mazie K Hirono said, "As the only immigrant currently serving in the US Senate, I am proud to introduce the Reuniting Families Act to update our country’s family immigration system and promote family unity.” She added that the bill aims to reduce backlogs and remove barriers that separate families.

 

Duckworth called the US immigration system “broken,” citing “unnecessary barriers” that leave families in prolonged limbo. “This legislation would implement commonsense reforms to help end family-based backlogs and reunite families,” she said.

 

The bill has garnered support from numerous advocacy groups, including Asian Americans Advancing Justice, FWD.us, and the Sikh American Legal Defense and Education Fund (SALDEF). Kiran Kaur Gill, SALDEF’s Executive Director, said in a press release, “This bill will help millions of people caught in family immigration backlogs, making families whole again.”

 

However, the path forward faces challenges. President-elect Donald Trump has pledged to prioritise mass deportations and plans to rescind policies promoting family unity, such as the Keeping Families Together parole process. His administration has also indicated plans to ramp up restrictions, which could complicate the implementation of such reforms.