Increase Caps on T and U Visas

Homeland Security
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1

The following proposal assumes borders are secure and is centered on how to deal with a relatively small portion of immigrants already in the US who have no legal status. The proposal uses our existing legal framework and is aimed at reducing the number of illegal immigrants in the US while also treating people with dignity and reducing/prosecuting crimes like human trafficking.

Proposal:

  1. Temporarily increase the current cap on U and T visas.
  2. Temporarily increase funding to the Department of State for the express purpose of reviewing and processing backlogged applications for U and T visas.
  3. Permanently require/enable the Department of State to meet all visa caps with an existing backlog of applications.
  4. Deport those whose applications have been rejected in a timely, dignified manner.
  5. Once the previous steps are complete, re-evaluate U and T visa caps and set them at the appropriate level for maintenance.
  6. In parallel to the steps above, require the USCIS to create a proposal outlining the resources that will be required to process any resulting influx of Green Card applications within 1 year.

Background/Reason:
In summary, U and T visas are for individuals who are the victims of certain crimes or have knowledge of certain crimes. They have been helpful to law enforcement or have a high willingness to help law enforcement. These visas require evidence, background checks and fingerprinting.

Additionally, these visas can be applied for from within the US without legal status in the US. Applications can be deferred to the next fiscal year if the visa cap has been reached for the current fiscal year. If a visa application is deferred, the applicant is allowed to live and work in the US with low risk for deportation. In other words, approving the visa doesn’t necessarily mean “letting someone in” who isn’t already here. Rejecting the visa can mean deportation as opposed to barring entry.

The cap for U visas is currently 10,000 primary applicants per fiscal year. There is currently a backlog of approximately 325,000 applications. This means there could potentially be over 325,000 illegal immigrants in the US under deferred status because the visa cap is preventing applications from being processed. There are current estimates that indicate it will take 15 years to receive judgement on U visa applications. 15 years that can be spent building a life and having children on US soil. The cap for T visas is 5,000 primary applicants per fiscal. The cap has never been reached. However, there is a backlog of approximately 9,000 applications as of June 2024. This means that at least a portion of backlogged applications are the direct result of the Department of State’s inability to process the applications.

Desired Outcome:
Both U and T visas are valid for 4 years. U visas are non-renewable. T visas are renewable under specific circumstances. They both allow the holder to apply for a Green Card after 3 years if they meet certain requirements and are deemed to be of “good moral character”. By increasing the U and T visa caps and our capacity to process them we are ensuring those within our borders are not a threat to our security, ensuring victims of crime are available to assist investigations, rewarding those who provide information on crimes we want to stop, offering finality to those rejected, putting those accepted on a clearly defined path to permanent residency or citizenship with set timelines and we are ensuring those who immigrate to the US are an asset to the US.

Closing:
We are allowing our government to hold these applicants in limbo at our own expense and peril. It is unfair to those in the US legally and is cruel to the applicants who can build entire lives in the US while awaiting judgement. If estimations are accurate, this proposal would impact a relatively small percentage of those without legal status but also wouldn’t require more than tweaks to our existing legal framework. It would take people already in the US out of the “limbo” state through deportation or a clear, defined, time-bound path to legal permanent residency and citizenship.

2

I like your proposal and agree that this would be a good way to reduce the illegal population, however I think that before we give out visas and greencards to illegals we need to let those over 4 million people waiting in the LEGAL immigration system the chance at the American dream. I think if a person has been waiting over 5 years for their greencard should be allowed to come over on a temporary visa and work and live here until their greencard becomes available. I became a citizen in 2015. All my children are also here and citizens except my eldest son who was over 21 when we came here so was not eligible to be included on my husbands visa. We are sponsoring him in the F3 family visa category. It has been over 8 years waiting for a greencard to become available. If we are going to give illegals greencards we first need to clear the backlog of law abiding people waiting in the legal immigration system, and let them come here to reunite with family. After all it’s only about 4 million, whilst over 10-15 million have walked over the boarder illegally.

3

As a born citizen, I can’t begin to fully understand how frustrating is to watch illegal immigrants get what your son has been legally waiting in line to have. I’m not going to insult you by claiming I do understand. If it gives any solace, my proposal has nothing to do with preference, attempted fairness or compassion beyond basic dignity. It is based on reality, practicality and numbers

What I find frustrating about the U and T visas is that they effectively legalize illegal immigration. Not only do you apply from within the US but leaving the US while your visa is being processed can put your U or T application approval in jeopardy. That combined with the fact that T visa caps aren’t even met with an existing backlog means illegal immigrants are actively being deterred from leaving by our own government for an indefinite amount of time. If the requirements to qualify for the U and T visas remain the same, the only way to “start the clock” on the applicant is to either reject or approve the visa.

As for green cards, while it’s technically true that these visas would put people on the path to a green card, I think in reality the vast majority of U and T visa holders would fail to get one and would be eligible for deportation after the visa expires. I don’t see any reason why they should take priority over the existing order. Family members of citizens first, skilled economic applicants next, refugees and asylum seekers last. I would think these visa holders should be categorized with refugees and asylum seekers.