Family Visa Backlog Reduction Act
Section 1: Purpose
To reform the family-sponsored immigration system by reducing the backlog of F3 and F4 visa categories, which are specific to families of U.S. citizens, and to align family reunification timelines more closely with those for families of permanent residents.
Section 2: Family-Sponsored Preference Categories and Filing Dates
The U.S. Department of State’s Visa Bulletin outlines different categories for family-sponsored immigration, each with separate waiting times based on the relationship to the petitioner.
- Family-Sponsored Visa Categories:
• F1: Unmarried adult children (21 or older) of U.S. citizens.
• F2A: Spouses and minor children of U.S. permanent residents.
• F2B: Unmarried adult children of U.S. permanent residents.
• F3: Married adult children of U.S. citizens.
• F4: Siblings of adult U.S. citizens.
- Long Wait Times for U.S. Citizen Family Categories (F3 and F4):
• F3 and F4 categories, specifically for families of U.S. citizens, have much longer waiting periods for filing green card applications compared to F2A and F2B, which are for families of U.S. permanent residents.
• For example, the filing dates for F3 and F4 categories often extend to decades, while F2A and F2B categories have shorter wait times.
Section 3: Maximum Waiting Period and Temporary Work Visa Program
- Establishing a Maximum Waiting Period:
• A cap of 5 years will be established as the maximum waiting time for family-sponsored visa applications in the F3 and F4 categories.
• If an applicant has been waiting longer than 5 years, they will qualify for a temporary work visa, allowing entry into the United States to work legally until their green card becomes available.
- Temporary Work Visa Eligibility:
• This visa will be available to applicants in the F3 and F4 categories who have exceeded the 5-year waiting period.
• Holders of this visa will be eligible for lawful employment in the U.S., fostering economic contributions while awaiting their green cards.
Section 4: Clearing the Backlog of Unused Visas
- Reallocation of Unused Visas:
• Unused visa numbers in the family-sponsored categories will be reallocated to F3 and F4 applicants to help reduce the backlog.
• Additional visas may be made available based on workforce needs, economic demands, and low birth rates, aiming to reduce extended waiting times.
Section 5: Ensuring Fairness and Reducing Border Crossings
- Reducing Incentives for Unauthorized Entry:
• By providing a structured, legal path for family reunification, this policy seeks to reduce the incentive for individuals to attempt unauthorized entry into the United States.
- Balancing Security with Opportunity:
• This policy prioritizes legal immigration paths, promoting family unity while maintaining border security.
Section 6: Reporting and Accountability
- Annual Visa Bulletin Review and Reporting:
• The U.S. Department of State will publish annual reports detailing wait times and processing statuses for each family-sponsored preference category.
- Evaluations of Policy Effectiveness:
• Regular assessments will ensure that this policy is meeting its goals to reduce backlog, promote family unity, and support economic growth.
Section 7: Effective Date
This policy will take effect 180 days after passage by Congress, with the U.S. Department of State and U.S. Citizenship and Immigration Services (USCIS) responsible for implementing these changes.