US Immigration: Rules of the Game
From open borders to the quota system. Understand the history, the politics, and the math behind your wait time.
Core Concepts
Dual Intent
The rare privilege to enter the US temporarily while also openly intending to stay permanently. Critical for H-1B and O-1 visas.
Priority Date (PD)
Your 'ticket number' in the queue. It's usually the date your first application (PERM or I-140) was filed.
The 7% Country Cap
No single country can receive more than 7% of total visas. This is why populous nations like India and China have massive backlogs.
Visa vs. Status
A Visa is an entry document (key to the door). Status is your legal right to be inside (permission to stay). They are not the same.
A Brief History
1790-1882: The Open Era
Minimal federal regulation. Citizenship limited to 'free white persons', but borders were largely open for labor.
1924: The Quota Era
The National Origins Act established strict quotas to maintain the 1890 ethnic composition, severely restricting S/E Europe and Asia.
1965: The Modern Era (Hart-Celler)
Abolished racial quotas. Established the current preference system based on Family Reunification and Skills.
1990: The Employment Era
Created the H-1B, O-1, and current EB-1/2/3 categories to attract global talent. The annual cap was set here and hasn't changed since.
Political Landscape
Democrats
- Generally support expanding legal immigration pathways and clearing backlogs.
- Emphasize family reunification and pathways to citizenship for undocumented residents.
- Often advocate for high-skilled visa expansion, but link it to union/worker protections.
Republicans
- Focus heavily on border enforcement and reducing 'chain migration' (family based).
- Historically pro-business/skilled immigration, but recent trends favor 'Merit-Based' restrictions.
- Concerned with foreign worker competition affecting US wages.
Why is there Retrogression?
Retrogression happens when Visa Demand > Visa Supply. It's simple math with painful consequences.
The Root Causes:
- Fixed Annual Supply: Congress set the limit at 140,000/year in 1990. The economy has doubled since then, but the cap hasn't.
- The 7% Rule: India and China have millions of applicants but get the same max-cap as Iceland or Estonia.
- Spillover: Unused family visas 'spill over' to employment, but in high-demand years, there are no leftovers.