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In addition to the primary components of permanent immigration discussed above, there are several other pathways to lawful permanent resident (LPR) status, though they account for relatively few immigrants. The most prominent among these are cancellation of removal for aliens in removal proceedings, U nonimmigrant visas for alien crime victims who assist law enforcement agencies, and T status for alien victims of human trafficking. The pool of people eligible to immigrate to the United States as LPRs each year typically exceeds numerical limits established by the INA for most immigrant pathways. In an effort to process the demand for LPR visas fairly and in accordance with the national interest, the INA imposes a complex set of numerical limits and preference categories within major immigrant pathways that admit LPRs to the United States on the basis of family relationships, needed skills, and geographic diversity. The INA limits worldwide permanent immigration to 675,000 persons annually: 480,000 family-sponsored immigrants, made up of family-sponsored immediate relatives of U.S. citizens ("immediate relatives"), and a set of ordered family-sponsored preference immigrants ("preference immigrants"); 140,000 employment-based immigrants; and 55,000 diversity visa immigrants. This worldwide limit, however, is referred to as a "permeable cap," because certain categories of LPRs are not subject to numerical limitations. These include immediate relatives of U.S. citizens within the INA's family-sponsored immigration provisions, as well as refugees whose number is determined by the President in consultation with Congress. In addition, the number of persons granted asylum is not numerically constrained. Consequently, the number of persons receiving LPR status each year regularly exceeds the INA's statutory worldwide level for permanent immigration.The pool of people eligible to immigrate to the United States as legal permanent residents (LPRs) each year typically exceeds the worldwide level set by the Immigration and Nationality Act (INA). In an effort to process the demand for LPR visas fairly and in the national interest, LPR admissions are subject to a complex set of numerical limits and preference categories that give priority for admissionFour major principles currently underlie U.S. policy on legal permanent immigration: the reunification of families, the admission of immigrants with needed skills, the protection of refugees and asylees, and the diversity of immigrants by country of origin. These principles are embodied in the Immigration and Nationality Act (INA) and are reflected in different components of permanent immigration. Family reunification occurs primarily through family-sponsored immigration. U.S. labor market contribution occurs through employment-based immigration. Humanitarian assistance occurs primarily through the U.S. refugee and asylee programs. Origin-country diversity is addressed through the Diversity Immigrant Visa.
on the basis of family relationships, needed skills, and geographic diversity. The INA further specifies that each year, countries are held to a numerical limit of 7% of the annual worldwide level of U.S. immigrant admissions, known as per-country limits or country caps.
In FY2014, just over 1 million aliens became U.S. legal permanent residents (LPRs). Of this total, 64% entered the United States on the basis of family ties. Other major categories of LPRs were employment-based (15%), refugees and asylees (13%), and diversity migrants (5%). In FY2014, Mexico was the source country of 13% of LPRs who were admitted or adjusted status. Other top countries were India (8%), China (7%), the Philippines (5%), and Cuba (5%). These top five countries made up 38% of all LPRs who were admitted or who adjusted status in FY2014. Rather than newly arriving from abroad, 53% (535,126) were adjusting to LPR status from a temporary (i.e., nonimmigrant) status within the United States.
At the start of FY2015, 4.6 million approved LPR visa petitions—mostly family based petitions—were pending with the National Visa Center because of the numerical limits in the INA. This figure does not represent a processing backlog; rather, it is the number of persons who have been approved for visas that are not yet available due to the numerical limits in the INA. Approximate wait times for numerically limited family and employment preference visas range widely depending on the specific category and country of origin. Prospective family-sponsored immigrants from the Philippines have the most substantial wait times before a visa is scheduled to become available to them; consular officers are now considering the petitions of the brothers and sisters of U.S. citizens from the Philippines who filed almost 24 years ago.
Some have advocated for a significant reallocation of the visa categories or a substantial increase in legal immigration to satisfy the desire of U.S. families to reunite with their relatives abroad and to meet the labor force needs of employers hiring foreign workers. Proponents of family-based migration often maintain that any proposal to increase immigration should also include additional family-based visas to reduce wait times—currently up to years and decades—for those already "in the queue." Arguing against these competing priorities for increased immigration are those who favor reduced immigration, including proposals to limit family-based LPRs to the immediate relatives of U.S. citizens, to confine employment-based LPRs to highly skilled workers, and to eliminate the diversity visas.
Four major principles currently underlie U.S. policy on legal permanent immigration: the reunification of families, the admission of immigrants with needed skills, the protection of refugees, and the diversity of admissions by country of origin. These principles are embodied in federal law, the Immigration and Nationality Act (INA) first codified in 1952. The Immigration Amendments of 1965 replaced the national origins quota system (enacted after World War I) with per-country ceilings, and the statutory provisions regulating permanent immigration to the United States were last revised significantly by the Immigration Act of 1990.1
The critiques of the permanent legal immigration system today are extensive, but no consensus exists on the specific direction legal reforms should take. Many maintain that revision of the legal immigration system should be one of the major components of any comprehensive proposal.2 This primer on legal permanent immigration law, policies, and trends provides a backdrop for the policy options and debates that may emerge as Congress considers a revision of the legal immigration system.3
The two types of legal aliens are immigrants and nonimmigrants. As defined in the INA, immigrants are synonymous with legal permanent residents (LPRs) and refer to foreign nationals who come to live lawfully and permanently in the United States. The other major class of legal aliens are nonimmigrants—such as tourists, foreign students, diplomats, temporary agricultural workers, exchange visitors, or intracompany business personnel—who are admitted for a specific purpose and a temporary period of time. Nonimmigrants are required to leave the country when their visas expire, though certain classes of nonimmigrants may adjust to LPR status if they otherwise qualify.4
The conditions for the admission of immigrants are much more stringent than nonimmigrants, and many fewer immigrants than nonimmigrants are admitted. Once admitted, however, immigrants are subject to few restrictions; for example, they may accept and change employment, and may apply for U.S. citizenship through the naturalization process, generally after five years.
The prospective immigrant must maneuver a multi-step process through federal departments and agencies to obtain LPR status. Petitions for immigrant (i.e., LPR) status are first filed with U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security (DHS) by the sponsoring relative or employer in the United States. If the prospective immigrant is already legally residing in the United States, USCIS handles most of the process, which is called "adjustment of status" in the INA because the alien is moving from a temporary category to LPR status.5 If the prospective LPR has not established a lawful residence in the United States, the petition is forwarded to the Department of State's (DOS's) Bureau of Consular Affairs in the home country after USCIS has approved it. The Consular Affairs officer (when the alien is coming from abroad) and USCIS adjudicator (when the alien is adjusting status in the United States) must be satisfied that the alien is entitled to the immigrant status. These reviews are intended to ensure that prospective immigrants are not ineligible for visas or admission under the grounds for inadmissibility spelled out in the INA.6
Many LPRs are adjusting status from within the United States rather than receiving visas issued abroad by Consular Affairs.7 As discussed more fully in the Immigration Trends section below, 53% of all LPRs adjusted to LPR status in the United States rather than abroad in FY2014.
The INA specifies that each year countries are held to a numerical limit of 7% of the worldwide level of U.S. immigrant admissions, known as per-country limits. The actual number of immigrants that may be approved from a given country, however, is not a simple percentage calculation. Immigrant admissions and adjustments to LPR status are subject to a complex set of numerical limits and preference categories that give priority for admission on the basis of family relationships, needed skills, and geographic diversity.
In FY2016, almost 1.2 million aliens became LPRs. Of this total, 68% became LPRs through family-sponsored provisions of the INA. Other major LPR categories included refugees and asylees (13%), employment-based immigrants (12%), and diversity visa immigrants (4%). While 618,078 LPRs (52%) in FY2016 were granted LPR status upon their admission to the United States from abroad, 565,427 (48%) adjusted to LPR status from a temporary (i.e., nonimmigrant) status from within the United States. In FY2016, Mexico accounted for the largest proportion (15%) of LPRs who were admitted from abroad or adjusted status from within the United States. Other top immigrant source countries included China (7%), Cuba (6%), India (5%), and the Dominican Republic (5%). At the start of FY2018, approximately 4.1 million approved LPR visa petitions—almost all family-sponsored petitions—were pending with the Department of State's National Visa Center because of the numerical limits in the INA. Approximate wait times for numerically limited family and employment preference visas range widely depending on the specific preference category and country of origin. Prospective family-sponsored immigrants from China, Mexico, India and the Philippines have the most substantial wait times before a visa is scheduled to become available to them. Some have advocated for a significant reallocation of the visa categories or a substantial increase in legal immigration to satisfy the desire of U.S. families to reunite with their relatives abroad and to meet the labor force needs of U.S. employers. Proponents of family-sponsored migration often maintain that proposals to increase immigration should include additional family-sponsored visas to more quickly reunify families by reducing wait times—currently up to years and decades—for those already "in the queue." Those who favor reduced immigration have supported proposals to limit family-sponsored LPRs to the immediate relatives of U.S. citizens, to confine employment-based LPRs to highly skilled workers, to admit employment-based immigrants using some type of merit-based system, and to eliminate the diversity visa. Four major principles currently underlie U.S. policy on legal permanent immigration: the reunification of families, the admission of immigrants with needed skills, the protection of refugees and asylees, and the diversity of immigrants by country of origin. These principles are embodied in the Immigration and Nationality Act (INA) and are reflected in different components of permanent immigration. Family reunification occurs primarily through family-sponsored immigration. U.S. labor market contribution occurs through employment-based immigration. Humanitarian assistance occurs primarily through the U.S. refugee and asylee programs. Origin-country diversity is addressed through the Diversity Immigrant Visa. In addition to the primary components of permanent immigration discussed above, there are several other pathways to lawful permanent resident (LPR) status, though they account for relatively few immigrants. The most prominent among these are cancellation of removal for aliens in removal proceedings, U nonimmigrant visas for alien crime victims who assist law enforcement agencies, and T status for alien victims of human trafficking. The pool of people eligible to immigrate to the United States as LPRs each year typically exceeds numerical limits established by the INA for most immigrant pathways. In an effort to process the demand for LPR visas fairly and in accordance with the national interest, the INA imposes a complex set of numerical limits and preference categories within major immigrant pathways that admit LPRs to the United States on the basis of family relationships, needed skills, and geographic diversity. The INA limits worldwide permanent immigration to 675,000 persons annually: 480,000 family-sponsored immigrants, made up of family-sponsored immediate relatives of U.S. citizens ("immediate relatives"), and a set of ordered family-sponsored preference immigrants ("preference immigrants"); 140,000 employment-based immigrants; and 55,000 diversity visa immigrants. This worldwide limit, however, is referred to as a "permeable cap," because certain categories of LPRs are not subject to numerical limitations. These include immediate relatives of U.S. citizens within the INA's family-sponsored immigration provisions, as well as refugees whose number is determined by the President in consultation with Congress. In addition, the number of persons granted asylum is not numerically constrained. Consequently, the number of persons receiving LPR status each year regularly exceeds the INA's statutory worldwide level for permanent immigration. The INA further specifies that countries are held to a numerical limit of 7% of the annual worldwide level of family-sponsored and employment-based immigrants, known as the per-country limit or country cap. The cap is intended to prevent one or just a few countries from dominating immigrant flows. In FY2016, almost 1.2 million aliens became LPRs. Of this total, 68% became LPRs through family-sponsored provisions of the INA. Other major LPR categories included refugees and asylees (13%), employment-based immigrants (12%), and diversity visa immigrants (4%). While 618,078 LPRs (52%) in FY2016 were granted LPR status upon their admission to the United States from abroad, 565,427 (48%) adjusted to LPR status from a temporary (i.e., nonimmigrant) status from within the United States. In FY2016, Mexico accounted for the largest proportion (15%) of LPRs who were admitted from abroad or adjusted status from within the United States. Other top immigrant source countries included China (7%), Cuba (6%), India (5%), and the Dominican Republic (5%). At the start of FY2018, approximately 4.1 million approved LPR visa petitions—almost all family-sponsored petitions—were pending with the Department of State's National Visa Center because of the numerical limits in the INA. Approximate wait times for numerically limited family and employment preference visas range widely depending on the specific preference category and country of origin. Prospective family-sponsored immigrants from China, Mexico, India and the Philippines have the most substantial wait times before a visa is scheduled to become available to them. Some have advocated for a significant reallocation of the visa categories or a substantial increase in legal immigration to satisfy the desire of U.S. families to reunite with their relatives abroad and to meet the labor force needs of U.S. employers. Proponents of family-sponsored migration often maintain that proposals to increase immigration should include additional family-sponsored visas to more quickly reunify families by reducing wait times—currently up to years and decades—for those already "in the queue." Those who favor reduced immigration have supported proposals to limit family-sponsored LPRs to the immediate relatives of U.S. citizens, to confine employment-based LPRs to highly skilled workers, to admit employment-based immigrants using some type of merit-based system, and to eliminate the diversity visa. Four major principles currently underlie U.S. policy on legal permanent immigration: the reunification of families, the admission of immigrants with needed skills, the protection of refugees and asylees, and the diversity of immigrants by country of origin. These principles are embodied in federal law, the Immigration and Nationality Act (INA). The Immigration and Nationality Act Amendments of 19651 replaced the national origins quota system (enacted after World War I) with per-country ceilings, and the statutory provisions regulating legal permanent immigration to the United States were last revised significantly by the Immigration Act of 1990.2 Despite extensive critiques of the permanent legal immigration system, no consensus exists on the specific direction reforms to the system should take. Some maintain that revising provisions governing legal permanent immigration should be a key component of any major immigration reform proposal, while others support the existing provisions and their underlying rationales. This report on legal permanent immigration may help inform the debate and discussions of policy options that may emerge as Congress considers current immigration proposals. Legal aliens3 are of three main types: immigrants, nonimmigrants and refugees. As defined in the INA, immigrants are synonymous with lawful permanent residents (LPRs) and refer to foreign nationals who come to live lawfully and permanently in the United States. Nonimmigrants—such as tourists, foreign students, diplomats, temporary agricultural workers, exchange visitors, or intracompany business personnel—are admitted for a specific purpose and a temporary period of time.4 Nonimmigrants must leave the United States before their visas expire, although certain classes of nonimmigrants may adjust to LPR status if they otherwise qualify.5 Refugees and asylees are people fleeing their countries because of persecution or a well-founded fear of persecution. After one year in refugee status in the United States, refugees must apply to adjust to LPR status. In contrast, asylees may, but are not required to, apply for LPR status after one year. The conditions for the admission of immigrants and refugees are more stringent than for nonimmigrants, and many fewer immigrants than nonimmigrants are admitted each year. Once admitted, however, immigrants are subject to few restrictions; for example, they may accept and change employment, and may apply for U.S. citizenship through the naturalization process, generally after five years.6 Naturalization is voluntary, and persons may remain as LPRs indefinitely as long as they do not commit a crime or some other act that makes them deportable.7 Prospective immigrants must maneuver a multi-step process through federal departments and agencies to obtain LPR status. First, petitions for LPR status are filed with U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security (DHS) by the prospective immigrant or by the sponsoring relative or employer in the United States (in the case of family-sponsored or employment-based immigration, respectively). If the prospective LPR is residing abroad or has not established a lawful residence in the United States, the petition is forwarded to the Department of State's (DOS) Bureau of Consular Affairs in the alien's home country after USCIS has approved it. If the prospective immigrant is already legally residing in the United States, USCIS handles most of the process, which the INA refers to as "adjustment of status" because the alien is moving from a temporary status to LPR status. Roughly half of all persons granted LPR status in FY2016—the most recent year for which such data are available—did so by adjusting status. The Consular Affairs officer (when the alien is coming from abroad) or the USCIS adjudicator (when the alien is adjusting status from within the United States) must be satisfied that the alien is entitled to LPR status. These reviews are intended to ensure that prospective immigrants are not ineligible for visas or admission under the grounds for inadmissibility spelled out in the INA.8 Immigrant admissions and adjustments to LPR status are subject to complex numerical limits and preference categories that give priority for admission on the basis of family relationships, needed skills, and geographic diversity. In addition, immigrants who enter through the family-sponsored and employment based preference categories are subject to a 7% per-country cap (see "Per-country Ceilings" below).9 Numerical limits on immigration combined with the per-country cap for some categories has resulted in a sizable "visa queue" of foreign nationals with approved immigration petitions who must wait until a numerically limited visa becomes available before they can immigrate permanently to the United States (see "The Visa Queue" below). The INA provides for a permanent annual worldwide level of 675,000 LPRs comprising three components: a. immediate relatives10 of U.S. citizens and b. family-sponsored preference immigrants; The INA provides for a permanent annual worldwide level of 675,000 legal permanent residents (LPRs), but this level is flexible and the INA permits certain LPR categories to exceed the limits.8 The permanent worldwide immigrant level consists of three components: family-based immigrants, including immediate relatives of U.S. citizens and family-sponsored preference immigrants (480,000 plus certain unused employment-based preference numbers from the prior year);family-sponsored and employment-based immigrants, known as the per-country limit or country cap. The cap is intended to prevent one or just a few countries from dominating immigrant flows.
Introduction
Immediate relatives9 of U.S. citizens (as well as refugees and asylees who are adjusting status) are exempt from direct numerical limits.10
The annual level of family-sponsored preference immigrants is determined by subtracting the number of immediate relative visas issued in the previous year and the number of aliens paroled11 into the United States for at least a year from 480,000 (the total family immigration level) and—when available—adding employment preference immigrant numbers unused during the previous year. By law, the family-sponsored preference level may not fall below 226,000. As a consequence, the 480,000 level of family immigration has often been exceeded to maintain the 226,000 floor on family-sponsored preference visas, because the number of immediate relatives is greater than 254,000 annually.12
As a result, the actual number of immigrants who receive LPR status varies from year to year according to the prior year's number of immediate relative immigrants, parolees, and unused employment-based preference immigrant visas that roll over. Under the INA, the annual level of family preference immigrants may not fall below 226,000. If the number of immediate relatives of U.S. citizens admitted in the previous year happens to fall below 254,000 (the difference between 480,000 for all family-sponsored immigrants and 226,000 for family-sponsored preference immigrants), then family-sponsored preference immigrants may exceed 226,000 by that amount. However, since FY1996, annual admissions of immediate relatives of U.S. citizens have exceeded 254,000 each year, ranging from a low of 258,584 immigrants in FY1999 to a peak of 580,348 immigrants in FY2006; in FY2016 they numbered 566,706.14 Consequently, the annual limit for family-sponsored preference immigrants has effectively remained at 226,000 for the past two decades.15As mentioned above, the INA establishes per-country levels at 7% of the worldwide level.13 For a dependent foreign state,14 the per-country ceiling is 2%. The per-country level is not a quota or set aside for individual countries, as each country in the world could not receive 7% of the overall limit. As the State Department describes,Despite the numerical limits, the annual worldwide level is flexible, and the INA permits certain LPR categories to exceed the limits.11 For example, although the INA places a limit of 480,000 on family-sponsored immigrants, some refer to that limit as a "permeable cap" because immediate relatives of U.S. citizens are not numerically limited. The annual level of family-sponsored preference immigrants is determined as follows:15
TwoCongress has enacted two important exceptions to the per-country ceilings were enacted in the past decade. Foremost is an exception for certain family-sponsored immigrants. Specifically, the INA states that 75% of the visas allocated to. The first exception allows 75% of the visas allocated to the 2nd family preference category (2A) of spouses and children of LPRs are not subject toto be exempt from the per-country ceiling (see Table 1 for family preference categories).19 The second exception allows the 7% per-country ceiling the per-country ceiling.16 Prior to FY2001, employment-based preference immigrants were also held to per-country ceilings. The American Competitiveness in the Twenty-First Century Act of 2000 (P.L. 106-313) enabled the per-country ceilings for employment-based immigrants to be surpassed for individual countries that are oversubscribed as long asif visas are available within the 140,000 worldwide limit for employment-based preferences.20 The impact of these revisions to the per-country ceilings is discussed later in this report. The actual per-country ceiling varies from year to year according to the prior year's immediate relative and parolee admissions and unused visas that roll over.
Family-Sponsored and Employment-Based Preference Immigrants
As noted, family-sponsored and employment-based preference category immigrants are numerically limited. Both types of immigrants are subdivided into five categories. Within each family and employment preference category, the INA further allocates the number of LPRs issued visaspeople who can receive LPR status each year. The five family preference categories are based broadly upon a hierarchy of family relationshipsupon the closeness of the family relationship to U.S. citizens and LPRs.17 The employment preference categories are based upon the21
Among the five employment preference categories, the first three are based broadly upon a hierarchy of professional accomplishments and skills needed by U.S. employers. As Table 1 summarizes the legal immigration preference system, the complexity of the allocations becomes apparent. Note that in most instances unused visa numbers are allowed to roll down to the next preference category. Employment-based visa allocations not used in a given year roll-over to the family preference categories the following year, and vice versa.18
Table 1. Legal Immigration Preference System
Employers seeking to hire prospective immigrants through the second and third employment-based preference categories must petition the U.S. Department of Labor (DOL) to obtain a labor certification on behalf of the alien. Prospective immigrants must demonstrate that they meet the qualifications for both the particular job and the preference category. If DOL determines that a labor shortage exists in the occupation for which a petition is filed, it will issue a labor certification. If DOL determines that such a labor shortage does not exist, the employer must submit evidence of extensive recruitment efforts that have failed in order to obtain certification.23
Table 1. Family-Sponsored and Employment-Based Preference Categories
Category |
Numerical limit |
|
Total Family-Sponsored Immigrants |
480,000 |
|
Immediate |
Aliens who are the spouses and unmarried minor children of U.S. citizens and the parents of adult U.S. citizens |
Unlimited |
Family- |
Worldwide Level 226,000 |
|
1st preference |
Unmarried sons and daughters of U.S. citizens |
23,400 plus |
2nd preference |
|
114,200 plus |
3rd preference |
Married sons and daughters of U.S. citizens |
23,400 plus |
4th preference |
Siblings of |
65,000 plus |
Employment-Based Preference Immigrants |
|
|
1st preference |
Priority workers: persons of extraordinary ability in the arts, science, education, business, or athletics; outstanding professors and researchers; and certain multi-national executives and managers |
28.6% of |
2nd preference |
Members of the professions holding advanced degrees or persons of exceptional abilities in the sciences, art, or business |
28.6% of |
3rd preference—skilled |
Skilled shortage workers with at least two years training or experience, professionals with baccalaureate degrees |
28.6% of |
3rd preference—"other" |
Unskilled shortage workers |
10,000 |
4th preference |
"Special immigrants," including ministers of religion, religious workers other than ministers, certain employees of the U.S. government abroad, and others |
7.1% of |
5th preference |
Employment creation investors who invest at least $1 million (amount may vary in rural areas or areas of high unemployment) which will create at least 10 new jobs |
7.1% of |
Source: CRS summary of INA §§203(a), 203(b), and 204 Notes: children refer to unmarried minors under age 21; sons and daughters refer to children ages 21 and older. The diversity immigrant visa fosters legal immigration from countries that send relatively few immigrants to the United States.25 Each year, 50,000 visas are made available to selected natives of countries from which immigrant admissions totaled less than 50,000 over the preceding five years.26 Since the visa's inception in the early 1990s, the regional distribution of diversity lottery immigrants has shifted from Western European to African and Eastern European countries. To be eligible for a diversity immigrant visa, foreign nationals must have a high school education or two years of work experience within the past five years in an occupation that requires at least two years of training or experience to perform. Applicants are selected by lottery whose winners must also meet the standard eligibility criteria required for most immigrants. Category Numerical Limit Aliens in removal proceedings granted LPR status by an immigration judge because of exceptional and extremely unusual hardship 4,000 (with certain exceptions) Alien crime victims who help law enforcement agencies investigate and prosecute domestic violence, sexual assault, human trafficking, and other crimes 10,000 per year Alien victims of severe forms of human trafficking 5,000 per year of INA; , (8 U.S.C. §§1153(a) 1153(b), and 1154).
Cancellation of Removala
U visab
T visac
Refugeesd1153.
Note: Employment-based allocations are further affected by §203(e) of the Nicaraguan and Central American Relief Act (NACARA), as amended by §1(e) of P.L. 105-139. This provision states that the employment 3rd preference "other workers" category is to be reduced by up to 5,000 annually for as long as necessary to offset adjustments under NACARA.
As part of the Immigration Act of 1990, Congress added a fifth preference category for foreign investors to become LPRs. The INA allocates up to 10,000 admissions annually and generally requires a minimum $1 million investment and employment of at least 10 U.S. workers. Less capital is required for aliens who participate in the immigrant investor pilot program, in which they invest in targeted regions and existing enterprises that are financially troubled.19
Employers who seek to hire prospective employment-based immigrants through the second and third preference categories also must petition the U.S. Department of Labor (DOL) on behalf of the alien. The prospective immigrant must demonstrate that he or she meets the qualifications for the particular job as well as the preference category. If DOL determines that a labor shortage exists in the occupation for which the petition is filed, labor certification will be issued. If there is not a labor shortage in the given occupation, the employer must submit evidence of extensive recruitment efforts in order to obtain certification.20
In addition to family-sponsored and employment-based preference categories, several other major categories of legal permanent immigration exist to cover a variety of cases, ranging from aliens who win the Diversity Visa Lottery to aliens in removal (i.e., deportation) proceedings granted LPR status by an immigration judge because of exceptional and extremely unusual hardship.21 Table 2 summarizes these major classes and identifies whether they are numerically limited.
Non-preference Immigrants |
Numerical Limit |
|
Asylees |
Aliens in the United States who have been granted asylum due to persecution or a well-founded fear of persecution and who must wait one year before petitioning for LPR status |
No limits on LPR adjustments as of FY2005. (Previously limited to 10,000) |
Cancellation of Removal |
Aliens in removal proceedings granted LPR status by an immigration judge because of exceptional and extremely unusual hardship |
4,000 (with certain exceptions) |
Diversity Lottery |
Aliens from foreign nations with low admission levels; must have high school education or equivalent or minimum two years of work experience in a profession requiring two years training or experience |
55,000 |
Refugees |
Aliens abroad who have been granted refugee status due to persecution or a well-founded fear of persecution and who must wait one year before petitioning for LPR status |
|
Other |
Various classes of immigrants, such as Amerasians, parolees, and certain Central Americans, Cubans, and Haitians who are adjusting to LPR status | Dependent on specific adjustment authority No limits on LPR adjustments as of FY2005. (Previously limited to 10,000) |
Source: CRS summary of §§203(a), 203(b), 204, 207, 208, and 240A of INA; 8 U.S.C. §1153.
Immigration to the United States is not totally determined by shifts in flow that result from lawmakers revising immigration allocations. Immigration to the United States plummeted in the middle of the 20th century largely as a result of factors brought on by the Great Depression and World War II. Those events, which are reflected in Figure 1, illustrate how a variety of "push-pull" factors drive immigration. Push factors from immigrant-sending countries include circumstances such as civil wars, political unrest, economic deprivation and limited job opportunities, and catastrophic natural disasters. Pull factors in the United States include such features as strong employment conditions, reunion with family, and quality of life considerations. A corollary factor is the extent that aliens may be able to migrate to other "desirable" countries that offer circumstances and opportunities comparable to the United States.
The annual number of LPRs admitted or adjusted in the United States rose gradually after World War II, as Figure 1 illustrates. The DHS Office of Immigration Statistics (OIS) data present those admitted as LPRs or those adjusting to LPR status. The growth in immigration after 1980 is partly attributable to the total number of admissions under the basic system, consisting of immigrants entering through a preference system as well as immediate relatives of U.S. citizens, that was augmented considerably by legalized aliens.22 The Immigration Act of 1990 increased the ceiling on employment-based preference immigration, with the provision that unused employment visas would be made available the following year for family preference immigration. In addition, the number of refugees admitted increased from 718,000 in the period 1966-1980 to 1.6 million during the period 1981-1995, after the enactment of the Refugee Act of 1980.
|
Notes: U.S. immigration, which experienced several peaks between the late 19th and early 20th Centuries declined considerably as the result of the Great Depression and World War II. The annual number of persons acquiring LPR status who were admitted from abroad or adjusting status from within the United States rose gradually after World War II and continued steadily for three decades, partly as the result of war refugee admissions as well as a growing U.S. economy. After 1980, immigration growth occurred for a number of reasons. First, the Immigration Reform and Control Act of 1986 (IRCA, P.L. 99-603) legalized 2.7 million aliens who were residing in the United States without authorization. These newly legalized individuals were then eligible to sponsor other family members, either as LPRs or, for those who subsequently naturalized, as U.S. citizens. Second, the Immigration Act of 1990 (P.L. 101-649) increased the ceiling on employment-based preference immigration and included a provision allowing unused employment-based preference visas to be made available the following year for family-sponsored preference immigration and vice versa for unused family-sponsored preference visas. Third, following the enactment of the Refugee Act of 1980 (P.L. 96-212), the number of refugees admitted increased from 718,000 for the 15-year period between 1966 and 1980 to 1.6 million between 1981 and 1995.
(Number of Immigrants) Note: Aliens legalizing through the Immigration Reform and Control Act (IRCA) of 1986 are depicted by year of adjustment. |
Many LPRs are adjusting status from within the United States rather than receiving visas issued abroad by Consular Affairs before they arrive in the United States. In the past decade, the number of LPRs arriving from abroad has remained somewhat steady, hovering between a high of 481,948 in FY2012 and a low of 358,411 in FY2003. Adjustments to LPR status in the United States have fluctuated over the same period, from a low of 244,793 in FY1999 to a high of 819,248 in FY2006. As Figure 2 shows, most of the variation in total number of aliens granted LPR status over the past decade is due to the number of adjustments processed in the United States rather than visas issued abroad.
In any given period of United States history, a handful of countries have dominated the flow of immigrants, but the dominant countries have variedchanged over time. Figure 3 presents trends in the top immigrant-sending countries (together comprising at least 50% of the immigrants admitted) 2 presents the countries from where the most individuals emigrated and together comprised at least half of all immigrants for selected decades. The figure illustrates thattwo points. First, while immigration at the closestart of the 20thst century was not as dominated by three or four countries as it was earlier in the century. These data suggest that the per-country ceilings established in 1965 had some effect. As Figure 3 illustrates, immigrants from only three or four countries made up more than half of all LPRs prior to 1960. By the last two decades of the 20th century, immigrants from seven to nine countries comprised about half of all LPRs and this pattern has continued into the 21st centurydominated by three or four countries, immigration at the start of the 21st century originated from a much broader set of countries. Second, these data suggest that the per-country ceilings established by the Immigration and Nationality Act Amendments of 1965 had a considerable impact on this shift in country-of-origin composition.
Notes: Decades presented were chosen at 20-year intervals, except 1940-1949 which was not presented because of the major disruptions to immigration flows during World War II.Although Europe was home to the countries sending the most immigrants during the early 20th century (e.g.,
),. Mexico has been a top sending country for most of the 20th century and into the 21st century. Other top sending countries from FY2001 through FY2010 areMost immigrants in more recent decades originate from Western Hemisphere countries such as the Dominican Republic, El Salvador, Colombia, and Cuba (Western Hemisphere) and the Philippines, India, China, South Korea, and Vietnam (Asia).
In FY2014, just over 1 million aliens became LPRs. Of this total, almost two-thirds (41% + 23%) entered as family-based immigrants (Figure 4). Employment-based immigrants accounted for 15% of all LPRs, refugees and asylees for 13%, and diversity migrants for 5%Cuba, Haiti, Jamaica, and Colombia, and Asian countries including China, India, the Philippines, Vietnam, and South Korea.
Permanent Immigration in FY2016
In FY2016, approximately 1.2 million aliens became LPRs, either by being admitted as such upon arrival to the United States from overseas, or by adjusting to LPR status from a nonimmigrant status while in the United States (Figure 3). Of this total, just over two-thirds acquired LPR status as family-sponsored immigrants. Employment-based immigrants (12%) and refugees and asylees (13%) make up another quarter, and diversity immigrants (4%), and all other classes of immigrants (3%) make up the remainder.
Immediate relatives of U.S. citizens, who are not numerically limited by the INA, accounted for 4148% of all LPRs granted in 2016in 2014. This portion of all LPRs can be further broken down by relationship to the U.S. citizen: spouses of U.S. citizens made up 2426%, parents of adult U.S. citizens made up 11made up 15%, and children of U.S. citizens (including adopted orphans) made up 6% of all LPRs. 23
In FY2014FY2016, Mexico was the source country of 1315% of LPRs who were admitted or adjusted status. Other top countries were India (8%), China (7%), the Philippines (5%), and Cuba (5%). These top China (7%), Cuba (6%), India (5%), and the Dominican Republic (5%). These five countries made up 3837% of all LPRs who were admitted or who adjusted status in FY2014FY2016. Similarly, the leading regions of birth for LPRs in FY2014FY2016 were Asia (42%) and North37%), Mexico and Central America (20%), and the Caribbean (15 America24 (32%), together accounting for almost three-fourths of all LPRs.25
In FY2014, USCIS adjusted 535,126FY2016, 565,427 aliens (5348%) adjusted %) to LPR status from within the United States, while 618,078 (52%) received visas issued abroad from DOS Consular Affairs, , while 481,392 (47%) arrived from overseas, and were admitted as LPRs. Over the last two decades, the percentage of all LPRs adjusting status each year has ranged from 38% in FY1999 to 66% in FY2005. In FY2016, most employment-based immigrants (82. The fewest LPR adjustments occurred in FY2003, when USCIS was just standing up as an agency after the creation of DHS. In the previous fiscal year (FY2013, the most recent year for which detailed data are available), most employment-based immigrants (87%) adjusted to LPR status from within the United States. Half (53%) of the Close to half (45%) of immediate relatives of U.S. citizens also did so that year. Only 10% of the other , in contrast with less than 10% of family-preference immigrants adjusted to LPR status within the United States in FY2013.26
The pool of people who are eligible to immigrate to the United States as LPRs each year typically exceeds the worldwide level set by U.S. immigration law. At the end of each fiscal year, the Department of State (DOS) publishes a tabulation of approved visa petitions pending with theimmigrant petitions that have been approved by USCIS and forwarded to DOS's National Visa Center.2731 These datapublished figures do not constitute a backlog of petitions to be processed; they represent persons who have been approved for visas that are not yet available due to theas family-sponsored or employment-based immigrants who cannot yet immigrate to the United States due to numerical limits in the INA. The National Visa Center caseload is the data that drive the priority dates published in the Visa Bulletin each month.28
Source: U.S. Department of State, Annual Report of Immigrant Visa Applicants in the Family-Sponsored and Employment-Based Preferences Registered at the National Visa Center as of November 1, 2017. Family-based preference categories dominated the queue of 4.6drives the priority dates published in the monthly Visa Bulletin.32
Family-sponsored preference immigrants dominated the queue of 4.06 million approved LPR visa petitions pending with the National Visa Center at the end of
FY2015FY2017 (Figure 54). Over half (5658%) of all approved petitions pending were 4th preference siblings of U.S. citizens, and one-quarter (25%) were 1st preference unmarried adult children and 3rd preference married adult children of U.S. citizens. Second preference family members of LPRs totaled 1714% of the queue.
Figure 4 indicates that employment-based preference immigrants accounted for 3% of the 4.06% of the queue.
Figure 5 indicates, the employment-based preferences account for only 2% of the 4.6 million LPR visas pending with the National Visa Center as of November 1, 2015. This figure of 100,747 reflects persons registered under each respective numerical limitation (i.e., the totals represent2017. This figure of 112,189 reflected not only principal applicants or petition beneficiaries, but also their spouses and children entitled to derivative status under the INA).
USCIS performance data suggest that USCIS has not yet forwarded a substantial portion of theits LPR caseload to the DOS National Visa Center.29 Similarly, the I-485 Inventory that USCIS maintains on all pending employment-based adjustment of status cases suggests that large numbers of employment-based LPR petitions might be in the "pipeline."30
According to the INA, familyFamily-sponsored and employment-based preference visas are issued to eligible immigrants in the order in which petitions are filed. Spouses36 In addition, spouses and children of prospective LPRs are entitled to the same status and order of consideration as the person qualifying as the principal LPR, if they are accompanying or "following to join" (referred to as derivativederivative status).37 When visa demand exceeds the per-country limitnumerical limits, visas are proratedallocated according to the preference system allocations (detailed in Table 1) for the oversubscribed"oversubscribed" foreign state or dependent area.31
Table 3 presents information from a recent Visa Bulletin published monthly by the Department of State for all five family-sponsored preference categories. It indicates that, as of April 12, 2016February 9, 2018 (the date when the MayMarch Visa Bulletin was published), relatives of U.S. citizens and LPRs who fell into all five of these categories and who had approved petitions for admission to the United States were all waiting for a visa to become available.
Category |
Worldwide |
El Salvador, Guatemala, Honduras |
India |
Mexico |
Philippines |
F1—Unmarried adult children of USCs |
|
|
|
2/8/1995 |
10/ |
F2A—Spouses & minor children of LPRs |
11/1/2014 |
11/1/2014 |
11/1/2014 |
8/15/2014 |
11/1/2014 |
F2B—Unmarried adult children of LPRs |
9/1/2009 |
9/1/2009 |
9/1/2009 |
9/8/1995 |
5/1/2005 |
F3—Married adult children of USCs |
12/ |
12/ |
12/ |
10/8/1994 |
|
F4—Siblings of |
|
|
7/22/2003 |
|
10/1/1992 |
Source: : U.S. Department of State, Bureau of Consular Affairs, Visa Bulletin for May 2016, April 12, 2016 for March 2018, February 9, 2018.
Notes: The "F" codes are used by DOS in its Visa Bulletin to refer to the various family-sponsored preference categories. The second family-sponsored preference category is divided into two groups: 2nd Preference A, consisting of spouses and minor children of LPRs; and 2nd Preference B, consisting of adult unmarried children of LPRs. USCs refer to U.S. citizens, and LPRs refer to lawful permanent residents.
"Priority date" means, for example, thatAccording to the March 2018 Visa Bulletin (Table 3), DOS was processing visa petitions, as of February 9, 2018, for unmarried adult sons and daughters of U.S. citizens (1st preference) who filed petitions on November 22, 2008, were being processed for visas as of April 12, 2016from India whose immigration petitions were submitted to USCIS on March 22, 2011. Depending on the country of origin, persons in this category who had submitted petitions even earlier were also being processed for visas. Likewise, as of April 12, 2016, February 9, 2018, DOS was processing visa petitions for married adult sons and daughters of U.S. citizens from China (3rd preference) who filed petitions over 11whose immigration petitions were submitted to USCIS more than 12 years ago (December 1, 2004) were being processed for visas (with older priority dates for some countries). 15, 2005). Depending on the country of origin, persons in this category who had submitted petitions even earlier were also being processed for visas.
Brothers and sisters of U.S. citizens (4th preference) could expect to wait almostover 13 years, with considerably longer waits for siblings from Mexico and the Philippines. Prospective family-sponsored immigrants from the Philippines all had the longest wait times for a visa to become available to them;DOS consular officers, as of April 12, 2016, were consideringFebruary 9, 2018, were adjudicating visa petitions of brothers and sisters of U.S. citizens from the Philippines who had filed immigration petitions filed over 23 years ago.32
Amidst these long queues, the39 In contrast, spouses and minor children of LPRs (category 2FAF2A in Table 3) for all countries had the most recent priority date of March 22, 2016, indicating that DOS consular officers were adjudicating visa petitions submitted approximately two years ago.
Employment-Based Visa Priority Dates
Table 4 presents information from the March 2018had the most recent priority date: November 1, 2014. Ten years ago, in FY2006, the spouses and children of LPRs faced a four-year queue. Two years ago, in May 2014, that preference category had a priority date of September 8, 2013, equal to a seven-month queue. The number of approved pending petitions for spouses and children of LPRs dropped from 332,636 at the end of FY2011 to 238,417 at the end of FY2013. It is unclear whether this decline represents diminishing demand for these visas, delays by USCIS in submitting approved petitions to the National Visa Center, or a backlog of petitions in the "pipeline" that have yet to be processed and approved.
Table 4 presents the May Visa Bulletin for the five employment preference categories. It indicates that, as of April 12, 2016 (the date when the May Visa Bulletin was published), the priority workers visa category (i.e., extraordinary ability) was current. Visas for workers with advanced degrees were current worldwide, but Visa Bulletin for the five employment preference categories. It indicates that, as of February 9, 2018, categories for all worker visas were current. However, workers applying to emigrate from countries that send large numbers of employment-based immigrants to the United States faced waiting times for specific categories. For example, those seeking advanced degree visas from China and India had September 1, 2012, and November 22December 8, 2013, and December 15, 2008, priority dates, respectively. Visas granted for professional and skilled workers had a worldwide priority date of February 15, 2016were current, except for workers from China, India and the Philippines, who had longer waits.33
Category |
Worldwide |
China |
El Salvador, Guatemala, Honduras |
India |
Mexico |
Philippines |
1st—Priority workers |
current |
current |
current |
current |
current |
current |
2nd—Advanced degrees |
current |
9/1/2012 |
current |
|
current |
current |
3rd—Skilled/professional |
2/15/2016 |
8/15/2013 |
2/15/2016 |
9/1/2004 |
2/15/2016 |
8/8/2008 |
3rd—Unskilled/Other |
2/15/2016 |
|
2/15/2016 |
9/1/2004 |
|
8/8/2008 |
4th—Special immigrants |
current |
current |
1/10/2010 |
current |
current |
current |
5th—Investors |
current |
|
current |
current |
current |
current |
Source: : U.S. Department of State, Bureau of Consular Affairs, Visa Bulletin for May 2016.
Note: The 3rd employment preference category includes skilled and unskilled worker categories (see Table 1) for March 2018.
Some posit that revision ofrevising the system of permanent legal immigration should be a major component of any immigration reform proposal.3440 In recent years, Congress has considered proposals to alter the legal immigration system—either with a comprehensive approach3541 or with incremental revisions aimed at strategic changes. 3642
Those favoring expanded immigration typically advocate for specific changes. Some favor a significant reallocation of the visa categories or a substantial increase in legal immigration to satisfy the desire of U.S. families to reunite with their relatives still abroad and to meet the labor force needs of employers hiring foreign workers. Others favor a reallocation toward employment-based immigration to help U.S. employers compete for the "best and the brightest," including foreign professional workers in science, technology, engineering, or mathematics (STEM) fields.37 Proponents of family-basedsponsored migration maintain that any proposal to increase immigration levels generally should also include the option of additional family-basedsponsored visas to reduce wait times—currently up to years or decades—for those already "in the queue."
Arguing against these competing priorities for increased immigration are those who favor reduced immigration, including proposals to limit family-based LPRs to the immediate relatives of U.S. citizens, to confine employment-based LPRs to highly skilled workers, and to eliminate the diversity visas.
Author Contact Information
Author Contact Information
William A. Kandel, Analyst in Immigration Policy ([email address scrubbed], [phone number scrubbed])1. |
P.L. 89-236, also known as the Immigration and Naturalization Act of 1965 and the Hart-Celler Act.
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2. |
Other major components of comprehensive immigration reform that are commonly mentioned are increased border security and enforcement of immigration laws within the U.S. interior; reform of temporary worker visas; and options to address the millions of unauthorized aliens residing in the country. |
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3. | For a discussion of the legislation under consideration, see CRS Report R44230, Immigration Legislation and Issues in the 114th Congress, coordinated by [author name scrubbed]. INA 101(a)(3) defines the term "alien" as a noncitizen. In this report, alien is synonymous with the terms "noncitizen" and "foreign national." |
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4. |
Nonimmigrants are often referred to by the letter that denotes their specific provision in the statute, such as H-2A agricultural workers, F-1 foreign students, or J-1 cultural exchange visitors. For more information, see CRS Report R45040, Nonimmigrant (Temporary) Admissions to the United States: Policy and Trends, by Jill H. Wilson |
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5. |
Ibid. In addition, INA §245 details the circumstances under which an alien can change from a nonimmigrant or other temporary status to |
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6. |
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7. | For information on grounds for deportability, see CRS Report R43892, Alien Removals and Returns: Overview and Trends, by Audrey Singer. |
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10. |
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"Parole," |
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12. |
If the number of immediate relatives of U.S. citizens admitted in the previous fiscal year fell below 254,000 (the difference between 480,000 for all family-based admissions and 226,000 for family preference admissions), then family preference admissions could exceed 226,000 by that difference. However, annual immediate relative admissions have exceeded 254,000 each year since FY1996, and family preference admissions have remained at 226,000 as well. |
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13. |
§202(a)(2) of the INA; 8 U.S.C. §1152(a)(2). |
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14. | 13.
INA §201(c). See U.S. Department of Homeland Security, Office of Immigration Statistics, Yearbook of Immigration Statistics, multiple years. In this report, CRS presents immigration trend data over the last two decades, from FY1996 to FY2016. Refugees are admitted to the United States from abroad while asylees are foreign nationals who request and receive asylum after having entered the United States. The number of refugees admitted each year is determined by the President in consultation with Congress. The number of asylees is not limited. For more information on refugee policy, see CRS Report RL31269, Refugee Admissions and Resettlement Policy, by Andorra Bruno. For background information on asylum policy, see CRS Report R41753, Asylum and "Credible Fear" Issues in U.S. Immigration Policy, by Ruth Ellen Wasem. |
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U.S. Department of State, Bureau of Consular Affairs, Operation of the Immigrant Numerical Control Process, |
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INA §202(a)( |
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For | |||||||||||||
22.
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See CRS Report R44475, EB-5 Immigrant Investor Visa. 23.
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For background information, see CRS Report RL33977, Immigration of Foreign Workers: Labor Market Tests and Protections, by Ruth Ellen Wasem. |
Employment-based allocations are further affected by | ||||||||
19. |
See CRS Report R44475, EB-5 Immigrant Investor Visa, by [author name scrubbed] and [author name scrubbed]. |
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20. |
See CRS Report RL33977, Immigration of Foreign Workers: Labor Market Tests and Protections, by [author name scrubbed]. |
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21. |
See CRS Report R41747, Diversity Immigrant Visa Lottery Issues, by [author name scrubbed]; and CRS Report R42477, Immigration Provisions of the Violence Against Women Act (VAWA), by [author name scrubbed]. |
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22. |
The Immigration Reform and Control Act of 1986 legalized 2.7 million aliens who were residing in the United States without authorization. |
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23. |
U.S. Department of Homeland Security, Office of Immigration Statistics, U.S. Lawful Permanent Residents: 2014, April 2016. |
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24. |
North America includes the Caribbean and Central America as well as Mexico and Canada. |
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25. |
U.S. Department of Homeland Security, Office of Immigration Statistics, U.S. Lawful Permanent Residents: 2014, April 2016, Table 3. |
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26. |
U.S. Department of Homeland Security, Office of Immigration Statistics, Yearbook of Immigration Statistics: 2013, Table 7. |
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27. | For more information, see CRS Report R45102, Diversity Immigrants' Regions and Countries of Origin: Fact Sheet, by Jill H. Wilson. See CRS Report R43892, Alien Removals and Returns: Overview and Trends, by Audrey Singer. U.S. Department of Homeland Security, Office of Immigration Statistics, FY2016 Yearbook of Immigration Statistics, Table 6. FY2016 represents the most recent data available on permanent immigration from DHS. U.S. Department of Homeland Security, Office of Immigration Statistics, 2016 Yearbook of Immigration Statistics, Table 2. U.S. Department of Homeland Security, Office of Immigration Statistics, 2016 Yearbook of Immigration Statistics, Table 7. |
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28. |
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The relatively small proportion of employment-based petitions in the visa queue (3%) reflects the relatively more stringent criteria for employment-based LPR sponsorship compared with that for family-sponsored petitions, the relatively larger pool of potential sponsors for family-sponsored petitions, and employers' time-sensitivity to meeting their labor force requirements compared with family-sponsored petitioners who typically are able to wait for considerably longer periods to be reunited with family members. 34.
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Performance data from the first quarter of FY2018 indicate that 3.7 million LPR petitions were pending. See https://www.uscis.gov/tools/reports-studies/immigration-forms-data/data-set-all-uscis-application-and-petition-form-types. 35.
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For further discussion of numerical limits and backlogs for employment-based petitions, see CRS Report R42048, Numerical Limits on Permanent Employment-Based Immigration: Analysis of the Per-country Ceilings. 36.
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INA §203(e). 37.
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INA §203(d). |
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30. |
For further discussion and analysis on numerical limits and backlogs, see CRS Report R42048, Numerical Limits on Employment-Based Immigration: Analysis of the Per-Country Ceilings, by [author name scrubbed]. |
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U.S. Department of State, Bureau of Consular Affairs, Visa Bulletin For |
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For more on the family- | |||||||||||||
33. |
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Other aspects of the U.S. immigration system that also typically receive attention during calls for reform include increased border security and enforcement of immigration laws within the U.S. interior, reform of temporary worker visas, and options to address the millions of unauthorized aliens residing in the country. |
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In December 2014, the House Committee on the Judiciary ordered to be reported legislation (H.R. 2131) that also would have revised the allocation of LPR visas. For more information, see CRS Report R43320, Immigration Legislation and Issues in the 113th Congress, coordinated by [author name scrubbed]. |
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37. |
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