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Writer's pictureTravis Stone

The United States Visa System: A Guide for Immigrants and proposed legislation

Updated: Jun 20, 2023


The United States Visa System: A Guide for Immigrants

The United States visa system is a complex system that allows foreign nationals to enter and stay in the United States for a variety of purposes. There are many different types of visas, each with its own eligibility requirements.

Some of the most common types of visas include:

  • H-1B visa: This visa is for highly skilled workers in specialty occupations.

  • L-1 visa: This visa is for intracompany transferees.

  • O-1 visa: This visa is for individuals with extraordinary ability in the arts, sciences, education, business, or athletics.

  • P-1 visa: This visa is for athletes, entertainers, and artists.

  • TN visa: This visa is for professionals working in certain occupations under the North American Free Trade Agreement (NAFTA).

In addition to work visas, there are other options for immigrants who want to work in the United States. These options include:

  • Employment-based green card: This is a permanent residency visa that is available to immigrants who have been offered a job in the United States.

  • Family-sponsored green card: This is a permanent residency visa that is available to immigrants who are sponsored by a family member who is a U.S. citizen or permanent resident.

  • Refugee status: This status is available to immigrants who have been forced to flee their home country due to persecution.

  • Asylum status: This status is available to immigrants who are already in the United States and who fear returning to their home country due to persecution.

The best option for an immigrant who wants to work in the United States will depend on their individual circumstances. If you are interested in working in the United States, you should consult with an immigration attorney to discuss your options.

How Many of Each of These Are Available?

The number of work visas available each year varies depending on the type of visa. Here is a table of some of the most common work visas and the number of visas available each year:

Visa Type &Number of Visas Available

H-1B visa 65,000 + 20,000 for advanced degree holders

L-1 visa 140,000

O-1 visa 1,400

P-1 visa 60,000

TN visa 5,500


It is important to note that these are the annual limits on the number of visas available. In reality, the number of visas issued each year may be lower due to per-country limits or other factors.

What Can America Do to Expand the Visas to Get Better Talent to Move to America?

The United States can do a number of things to expand visas to get better talent to move to America. Some of these things include:

  • Increase the number of H-1B visas available. The H-1B visa is a popular visa for highly skilled workers in specialty occupations. The number of H-1B visas available each year is currently capped at 65,000, plus an additional 20,000 for advanced degree holders. Increasing the number of H-1B visas available would allow more talented workers to come to the United States and contribute to the economy.

  • Create new visa categories for high-skilled workers. The United States could create new visa categories for high-skilled workers in certain fields, such as technology, science, and engineering. This would allow the United States to attract the best and brightest talent from around the world.

  • Make it easier for international students to stay in the United States after graduation. Many international students who graduate from U.S. universities go back to their home countries after graduation. The United States could make it easier for these students to stay in the United States by offering them work visas or green cards. This would allow the United States to retain the talent that it has invested in.

  • Streamline the visa application process. The visa application process can be complex and time-consuming. The United States could streamline the process by making it easier for employers to sponsor workers and by reducing the amount of paperwork required. This would make it easier for talented workers to come to the United States and start contributing to the economy.

These are just a few of the things that the United States could do to expand visas to get better talent to move to America. By taking these steps, the United States could attract the best and brightest talent from around the world and help to ensure its economic competitiveness in the years to come.

A Bill to Expand Visas for High-Skilled Workers

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Section 1. Short title.

This Act may be cited as the High-Skilled Worker Visa Expansion Act of 2023.

Sec. 2. Findings.

Congress finds the following:

(1) The United States has a long history of attracting the best and brightest talent from around the world.

(2) This talent has helped to make the United States the economic powerhouse that it is today.

(3) The current visa system is not sufficient to meet the demand for high-skilled workers in the United States.

(4) Expanding the number of visas available for high-skilled workers would benefit the United States economy.

Sec. 3. Expansion of H-1B visas.

(a) Increase in number of visas.—Section 101(a)(15)(H)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)) is amended by striking 65,000 and inserting 125,000.

(b) Advanced degree holders.—Section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) is amended by striking 20,000 and inserting 50,000.

Sec. 4. Creation of new visa categories.

(a) In general.—The Secretary of Homeland Security shall create two new visa categories for high-skilled workers:

(1) a visa category for workers with extraordinary ability in the arts, sciences, education, business, or athletics; and

(2) a visa category for workers with advanced degrees in science, technology, engineering, or mathematics (STEM).

(b) Eligibility requirements.—The Secretary of Homeland Security shall establish eligibility requirements for the visa categories created under subsection (a).

Sec. 5. Streamlining of visa application process.

The Secretary of Homeland Security shall streamline the visa application process for high-skilled workers.

Sec. 6. Authorization of appropriations.

There are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary to carry out this Act.

Sec. 7. Effective date.

This Act shall take effect on the date that is 180 days after the date of its enactment.

This is just a sample of legislation that could be written to facilitate the expansion of visas to get better talent to move to America. The specific provisions of the legislation would need to be further developed and debated before it could be enacted into law.


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A BILL

To expand the number of visas available to highly skilled workers in the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Expanding Visas for Talent Act of 2023”.

SEC. 2. FINDINGS.

Congress finds the following:

(1) The United States has a long history of attracting the best and brightest talent from around the world.

(2) This talent has helped to make the United States the economic powerhouse that it is today.

(3) The current visa system is not sufficient to meet the demand for highly skilled workers in the United States.

(4) Expanding the number of visas available to highly skilled workers would help to ensure that the United States remains a destination of choice for talented workers from around the world.

SEC. 3. EXPANSION OF VISAS.

(a) In general.—The Secretary of State shall increase the number of H-1B visas available each year by 50,000.

(b) Advanced degree holders.—Of the visas made available under subsection (a), 25,000 shall be reserved for individuals who hold a master’s degree or higher from an accredited U.S. institution of higher education.

(c) STEM fields.—Of the visas made available under subsection (a), 25,000 shall be reserved for individuals who work in science, technology, engineering, or mathematics (STEM) fields.

SEC. 4. OTHER PROVISIONS.

(a) Streamlining of application process.—The Secretary of State shall take steps to streamline the application process for H-1B visas.

(b) Increased funding for USCIS.—The Secretary of Homeland Security shall increase funding for the U.S. Citizenship and Immigration Services (USCIS) to help reduce the backlog of visa applications.

SEC. 5. EFFECTIVE DATE.

This Act shall take effect on the date that is 180 days after the date of its enactment.

This is just a sample of legislation, and the specific provisions would need to be negotiated and finalized by Congress. However, this gives a general idea of the types of things that could be included in a bill to expand visas to get better talent to move to America.

Travis Stone and Bard




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