Order Code RL32235
CRS Report for Congress
Received through the CRS Web
U.S. Immigration Policy on
Permanent Admissions
July 1, 2005
Ruth Ellen Wasem
Specialist in Immigration Policy
Domestic Social Policy Division
Congressional Research Service ˜ The Library of Congress

---

U.S. Immigration Policy on Permanent Admissions
Summary
When President George W. Bush announced his principles for immigration
reform in January 2004, he included an increase in permanent immigration as a key
component. Some commentators are speculating the President is promoting
increases in the employment-based categories of permanent immigration, but the
Bush Administration has not yet provided specific information on what categories of
permanent admissions it advocates should be increased and by what levels. President
Bush recently stated that immigration reform is a top priority of his second term and
is prompting a lively debate on the issue. Bills to revise permanent admissions are
being introduced, but only one has had legislative action thus far in the 109th
Congress. A provision in P.L. 109-13 (H.R. 1268, the emergency FY2005
supplemental appropriation) makes up to 50,000 employment-based visas available
for foreign nationals coming to work as medical professionals.
Four major principles underlie U.S. policy on 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 the Immigration and Nationality Act (INA). The INA
specifies a complex set of numerical limits and preference categories that give
priorities for permanent immigration reflecting these principles. As defined in the
INA, “immigrants” are synonymous with legal permanent residents (LPRs) and refer
to foreign nationals who live lawfully and permanently in the United States.
During FY2004, a total of 946,142 aliens became LPRs in the United States.
Of the total LPRs in FY2004, 65.6% entered on the basis of family ties. Additional
major immigrant groups in FY2004 were employment-based preference immigrants
(including spouses and children) at 16.4%, and refugees and asylees adjusting to
immigrant status at 7.5%. Mexico led all countries with 175,364 aliens who became
LPRs in the United States. India followed at a distant second with 70,116 LPRs.
The Philippines came in third with 57,827. These three countries comprised almost
one-third of all LPRs in FY2004.
There are significant backlogs due to the sheer volume of aliens eligible to
immigrate to the United States. By the close of FY2004, U.S. Citizenship and
Immigration Services (USCIS) reported 4.1 million immigrant petitions pending.
Citizens and LPRs often wait several years for the petitions for their relatives to be
processed. After USCIS processes the petitions, the relatives of U.S. citizens and
LPRs then wait for a visa to become available through the numerically limited
categories. The brothers and sisters of U.S. citizens are now waiting almost 12 years.
Unmarried adult sons and daughters of U.S. citizens who filed petitions on April 8,
2001 are now being processed for visas. Prospective family-sponsored immigrants
from the Philippines have the most substantial waiting 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
22 years ago.

---

Contents
Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Current Law and Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Worldwide Immigration Levels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Per-Country Ceilings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Other Permanent Immigration Categories . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Admissions Trends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Immigration Patterns, 1900-2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
FY2004 Admissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Backlogs and Waiting Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Visa Processing Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Petition Processing Backlogs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Current Issues and Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Legislation in 108th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Issues in the 109th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
President Bush’s Immigration Reform Proposal . . . . . . . . . . . . . . . . . 15
Recaptured Visa Numbers for Nurses . . . . . . . . . . . . . . . . . . . . . . . . . 16
Secure America and Orderly Immigration Act (S. 1033/H.R. 2330) . . 16
Immigration Reduction Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Permanent Partners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Petition Processing and Adjudication Funding . . . . . . . . . . . . . . . . . . 17
List of Figures
Figure 1. Annual Immigration Admissions and Status Adjustments,
1900-2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Figure 2. Legal Permanent Residents: New Arrivals and Adjustments of
Status, FY1995-FY2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Figure 3. Top Sending Countries (Comprising More Than Half of All
LPRs): Selected Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Figure 4. Legal Immigrants by Major Category, FY2004 . . . . . . . . . . . . . . . . . . 10
Figure 5. Top Twelve Immigrant-Sending Countries, FY2004 . . . . . . . . . . . . . 11
List of Tables
Table 1. Legal Immigration Preference System . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Table 2. Other Major Legal Immigration Categories . . . . . . . . . . . . . . . . . . . . . . . 5
Table 3. FY2004 Immigrants by Category . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Table 4. Priority Dates for Family Preference Visas . . . . . . . . . . . . . . . . . . . . . . 12
Table 5. Priority Dates for Employment Preference Visas . . . . . . . . . . . . . . . . . 13
Appendix A. Top Fifty Sending Countries in FY2004 by Category of LPR . . . 19
Appendix B. Processing Dates for Immigrant Petitions . . . . . . . . . . . . . . . . . . . 21

---

U.S. Immigration Policy on
Permanent Admissions
Overview
Four major principles 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 two basic 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.2
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.
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 residing in the United States, the USCIS handles the entire
1 Congress has significantly amended the INA numerous times since 1952. Other major
laws amending the INA are the Refugee Act of 1980, the Immigration Reform and Control
Act of 1986, and Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
8 U.S.C. §1101 et seq.
2 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. CRS Report RL31381, U.S. Immigration Policy on Temporary Admissions, by
Ruth Ellen Wasem.

---

CRS-2
process, which is called “adjustment of status” because the alien is moving from a
temporary category to LPR status. If the prospective LPR does not have legal
residence in the United States, the petition is forwarded to the Department of State’s
(DOS) Bureau of Consular Affairs in their home country after USCIS has reviewed
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 they are not ineligible for visas or admission under the grounds for
inadmissibility spelled out in INA.3
Many LPRs are adjusting status from within the United States rather than
receiving visas issued abroad by Consular Affairs.4 In FY2002, a total of 679,305
aliens (64%) adjusted to LPR status in the United States while only 384,427 arrived
as LPRs from abroad. More than three-fourths (77%) of the employment-based
immigrants, two-thirds (63%) of the immediate relatives of U.S. citizens, and only
one-third (34%) of the other family-preference immigrants adjusted to LPR status
within the United States.
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, as discussed below.5
Current Law and Policy
Worldwide Immigration Levels
The INA provides for a permanent annual worldwide level of 675,000 legal
permanent residents (LPRs), but this level is flexible and certain categories of LPRs
are permitted to exceed the limits, as described below.6 The permanent worldwide
immigrant level consists of the following components: family-sponsored
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); employment-based preference immigrants (140,000
plus certain unused family preference numbers from the prior year); and diversity
3 These include criminal, national security, health, and indigence grounds as well as past
violations of immigration law. § 212(a) of INA.
4 For background and analysis of visa issuance and admissions policy, see CRS Report
RL31512, Visa Issuances: Policy, Issues, and Legislation, by Ruth Ellen Wasem.
5 Immigrants are aliens who are admitted as LPRs or who adjust to LPR status within the
United States.
6 § 201 of INA; 8 U.S.C. § 1151.

---

CRS-3
immigrants (55,000).7 Immediate relatives8 of U.S. citizens as well as refugees and
asylees who are adjusting status are exempt from direct numerical limits.9
Table 1. Legal Immigration Preference System
Category
Numerical limit
Total family-sponsored immigrants
480,000
Immediate
Aliens who are the spouses and unmarried
Unlimited
relatives
minor children of U.S. citizens and the
parents of adult U.S. citizens
Family-sponsored preference immigrants
Worldwide level 226,000
1st preference
Unmarried sons and daughters of citizens
23,400 plus visas not required for
4th preference
2nd preference
(A) Spouses and children of LPRs
114,200 plus visas not required for
(B) Unmarried sons and daughters of LPRs
1st preference
3rd preference
Married sons and daughters of citizens
23,400 plus visas not required for
1st or 2nd preference
4th preference
Siblings of citizens age 21 and over
65,000 plus visas not required for
1st, 2nd, or 3rd preference
Employment-based preference immigrants
Worldwide level 140,000
1st preference
Priority workers: persons of extraordinary
28.6% of worldwide limit plus
ability in the arts, science, education,
unused 4th and 5th preference
business, or athletics; outstanding
professors and researchers; and certain
multi-national executives and managers
2nd preference
Members of the professions
holding
28.6% of worldwide limit plus
advanced degrees or persons of exceptional
unused 1st preference
abilities in the sciences, art, or business
3rd preference —
Skilled shortage workers with at least 2
28.6% of worldwide limit plus
skilled
years training or experience, professionals
unused 1st or 2nd preference
with baccalaureate degrees
3rd preference —
Unskilled shortage workers
10,000 (taken from
the
total
“other”
available for 3rd preference)
4th preference
“Special immigrants,” including ministers
7.1% of worldwide limit; religious
of religion, religious workers other than
workers limited to 5,000
ministers, certain employees of the U.S.
government abroad, and others
5th preference
Employment creation investors who invest
7.1% of worldwide limit; 3,000
at least $1 million (amount may vary in
minimum reserved for investors in
rural areas or areas of high unemployment)
rural or high unemployment areas
which will create at least 10 new jobs
Source: CRS summary of §§ 203(a), 203(b), and 204 of INA; 8 U.S.C. § 1153.
7 For more information, see CRS Report RS21342, Immigration: Diversity Visa Lottery, by
Ruth Ellen Wasem and Karma Ester.
8 “Immediate relatives” are defined by the INA to include the spouses and unmarried minor
children of U.S. citizens, and the parents of adult U.S. citizens.
9 CRS Report RL31269, Refugee Admissions and Resettlement Policy, by Andorra Bruno.

---

CRS-4
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 paroled10 into the United States for at least a year from 480,000
(the total family-sponsored 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. In recent years, the 480,000
level has been exceeded to maintain the 226,000 floor on family-sponsored
preference visas after subtraction of the immediate relative visas.
Within each family and employment preference, the INA further allocates the
number of LPRs issued visas each year. 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.
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.11
Per-Country Ceilings
As stated earlier, the INA establishes per-country levels at 7% of the worldwide
level.12 For a dependent foreign state, the per-country ceiling is 2%. The per-country
level is not a “quota” set aside for individual countries, as each country in the world,
of course, could not receive 7% of the overall limit. As the State Department
describes, the per-country level “is not an entitlement but a barrier against
monopolization.”
Two important exceptions to the per-country ceilings have been enacted in the
past decade. Foremost is an exception for certain family-sponsored immigrants.
More specifically, the INA states that 75% of the visas allocated to spouses and
children of LPRs (2ndA family preference) are not subject to the per-country ceiling.13
Prior to FY2001, employment-based preference immigrants were also held to per-
country ceilings. The “American Competitiveness in the Twenty-First Century Act
10 “Parole” is a term in immigration law which means that the alien has been granted
temporary permission to be present in the United States. Parole does not constitute formal
admission to the United States and parolees are required to leave when the terms of their
parole expire, or if otherwise eligible, to be admitted in a lawful status.
11 See CRS Report RS21520, Labor Certification for Permanent Immigrant Admissions, by
Ruth Ellen Wasem.
12 § 202(a)(2) of the INA; 8 U.S.C. § 1151.
13 § 202(a)(4) of the INA; 8 U.S.C. § 1151.

---

CRS-5
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
as visas are available within the worldwide limit for employment-based preferences.
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. In
FY2003, the per-country ceiling was set at 27,827 and in FY2002 was 25,804.
According to the Department of State’s Bureau of Consular Affairs, the ceiling for
FY2004 was expected to be about 30,000. Processing backlogs, discussed later in
this report, also inadvertently reduced the number of LPRs in FY2003. Only
705,827 people became LPRs in FY2003. USCIS was only able to process 161,579
of the potential 226,000 family-sponsored LPRs in FY2003, and thus 64,421 LPR
visas rolled over to the FY2004 employment-based categories.14
Other Permanent Immigration Categories
There are several other major categories of legal permanent immigration in
addition to the family-sponsored and employment-based preference categories.
These classes of LPRs 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. Table 2 summarizes these major classes and identifies whether they are
numerically limited.
Table 2. Other Major Legal Immigration Categories
Non-preference immigrants
Numerical limit
Asylees
Aliens in the United States who have
No limits on
been granted asylum due to
receiving asylum,
persecution or a well-founded fear of
but 10,000 limit on
persecution and who must wait one
LPR adjustments
year before petitioning for LPR status
Cancellation of
Aliens in removal proceedings
4,000
Removal
granted LPR status by an immigration
(with certain
judge because of exceptional and
exceptions)
extremely unusual hardship
Diversity Lottery
Aliens from foreign nations with low
55,000
admission levels; must have high
school education or equivalent or
minimum two years work experience
in a profession requiring two years
training or experience
14 Telephone conversation with DOS Bureau of Consular Affairs, Feb. 13, 2004.

---

CRS-6
Non-preference immigrants
Numerical limit
Refugees
Aliens abroad who have been granted
Presidential
refugee status due to persecution or a
Determination for
well-founded fear of persecution and
refugee status, no
who must wait one year before
limits on LPR
petitioning for LPR status
adjustments
Other
Various classes of immigrants, such
Dependent on
as Amerasians, parolees, and certain
specific adjustment
Central Americans, Cubans, and
authority
Haitians who are adjusting to LPR
status
Source: CRS summary of §§ 203(a), 203(b), 204, 207, 208, and 240A of INA; 8 U.S.C. § 1153.
Admissions Trends
Immigration Patterns, 1900-2004
The annual number of LPRs admitted or adjusted in the United States rose
gradually after World War II, as Figure 1 illustrates. However, the annual
admissions have not reached the peaks of the early 20th century. 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.15 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.
15 The Immigration Reform and Control Act of 1986 legalized several million aliens residing
in the United States without authorization.

---

CRS-7
Figure 1. Annual Immigration Admissions and Status Adjustments,
1900-2004
1,400
1,200
1,000
Legalized Aliens
800
600
400
200
0
1900
1905
1910
1915
1920
1925
1930
1935
1940
1945
1950
1955
1960
1965
1970
1975
1980
1985
1990 1995 20002004
Source: Statistical Yearbook of Immigration,
U.S. Department of Homeland Security,
Office of Immigration Statistics, multiple fiscal years.
Aliens legalizing through the
Immigration Reform and Control Act of 1986 are depicted by year of arrival.
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 421,405 in FY1996 and a low of
358,411 in FY2003. Adjustments to LPR status in the United States has fluctuated
over the same period, from a low of 244,793 in FY1999 to a high of 679,305 in
FY2002. 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. In FY2004, 61.7% (583,921) of all LPRs were adjusting status within
the United States.

---

CRS-8
Figure 2. Legal Permanent Residents: New Arrivals and Adjustments of
Status, FY1995-FY2004
Thousands
1200
Arrivals
Adjustments
1000
800
600
400
200
0
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
Source: Statistical Yearbook of Immigration,
U.S. Department of Homeland Security,
Office of Immigration Statistics, (multiple years)
.
In any given period of United States history, a handful of countries have
dominated the flow of immigrants, but the dominant countries have varied over time.
Figure 3 presents trends in the top immigrant-sending countries (together comprising
at least 50% of the immigrants admitted) for selected decades and illustrates that
immigration at the close of the 20th century is not as dominated by a few countries as
it was earlier in the century. This finding suggests 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 then half of all LPRs prior to 1960. By the last
two decades of the 20th century, immigrants from seven to eight countries comprised
about half of all LPRs and this patterns has continued into the 21st century.

---

CRS-9
Figure 3. Top Sending Countries (Comprising More Than Half of All
LPRs): Selected Periods
Percent of All Immigrants
100
80
60
Italy
El Salvador
Cuba
Mexico
India
El Salvador
Mexico
India
Domin.Rep.
Domin.Rep.
India
40
Vietnam
Italy
Vietnam
Domin.Rep.
Korea
Russia
Canada
Vietnam
China
China
Korea
Philippines
Philippines
China
Canada
20
Philippines
Germany
Austria-
Mexico
Hungar
Mexico
Mexico
y
Germany
England
0
1901-1910
1921-1930
1951-1960
1981-1990
1991-2000
2001-2004
Source: CRS analysis of Table 2,
Statistical Yearbook of Immigration,
U.S. Department of
Homeland Security, Office of Immigration Statistics, FY2004 (June 2005).
While Europe was home to the countries sending the most immigrants during
the early 20th century, Mexico has been a top sending country for most of the 20th
century. Other top sending countries from the Western Hemisphere are the
Dominican Republic and most recently — El Salvador and Cuba. In addition, Asian
countries — notably the Philippines, India, China, Korea, and Vietnam — have
emerged as top sending countries today.
FY2004 Admissions
During FY2004, a total of 946,142 aliens became LPRs in the United States.
The largest number of immigrants are admitted because of a family relationship with
a U.S. citizen or resident immigrant, as Figure 4 illustrates. Of the total LPRs in
FY2004, 65.6% entered on the basis of family ties. Immediate relatives of U.S.
citizens made up the single largest group of immigrants, as Table 3 indicates.
Family preference immigrants — the spouses and children of immigrants, the adult
children of U.S. citizens, and the siblings of adult U.S. citizens — were the second
largest group. Additional major immigrant groups in FY2004 were employment-
based preference immigrants (including spouses and children) at 16.4%, and refugees
and asylees adjusting to immigrant status at 7.5%.16
16 The largest group in the “other category” are aliens who adjusted to LPR status through
(continued...)

---

CRS-10
Table 3. FY2004 Immigrants by Category
Total
946,142
Immediate relatives of citizens
406,074
Family preference
419,791
Employment preference
155,330
Refugee and asylee adjustments
71,230
Diversity
50,084
Other
49,069
Source: Statistical Yearbook of Immigration, FY2004, DHS Office of Immigration
Statistics, June 2005.
Figure 4. Legal Immigrants by Major Category, FY2004
Family
65.6%
Cancellation
of Removal
& Other
5.2%
Diversity
5.3%
Refugees
7.5%
Employment
& Asylees
16.4%
0.95 million
Source: CRS presentation of FY2004 data from the DHS Office of Immigration Statistics.
As Figure 5 presents, Mexico led all countries with 175,364 aliens who became
LPRs in FY2004. India followed at a distant second with 70,116 LPRs. The Philippines
came in third with 57,827. These three countries comprise almost one-third of all LPRs
in FY2004, and two exceeded the per-country ceiling for preference immigrants because
16 (...continued)
cancellation of removal and through §202 and §203 of the Nicaraguan and Central American
Relief Act of 1997.

---

CRS-11
they benefitted from special exceptions to the per-country ceilings. Mexico did so as a
result of the provision in INA that allows 75% of family second preference (i.e., spouses
and children of LPRs) to exceed the per-country ceiling, while India exceeded the ceiling
through the exception to the employment-based per-country limits.
The top 12 immigrant-sending countries depicted in Figure 5 accounted for 57%
of all LPRs in FY2004. The top 50 immigrant-sending countries contributed 88% of all
LPRs in FY2004. Appendix A provides detailed data on the top 50 immigrant-sending
countries by major category of legal immigration.
Figure 5. Top Twelve Immigrant-Sending Countries, FY2004
Mexico
India
Philippines
China
Vietnam
Dominican Republic
El Salvador
Cuba
Korea
Colombia
Guatemala
Canada
0
25
50
75
100
125
150
175
200
Thousands
Family
Employment
Refugee/Asylee
Diversity
Other
Source: CRS presentation of FY2004 data from the DHS Office of Immigration Statistics.
Backlogs and Waiting Times
Visa Processing Dates
According to the INA, family-sponsored and employment-based preference visas
are issued to eligible immigrants in the order in which a petition has been filed. Spouses
and children of prospective LPRs are entitled to the same status, and the same order of
consideration as the person qualifying as principal LPR, if accompanying or following
to join (referred to as derivative status). When visa demand exceeds the per-country
limit, visas are prorated according to the preference system allocations (detailed in Table
1) for the oversubscribed foreign state or dependent area. These provisions apply at

---

CRS-12
present to the following countries oversubscribed in the family-sponsored categories:
China, Mexico, the Philippines, and India.
Table 4. Priority Dates for Family Preference Visas
Category
Worldwide
China
India
Mexico
Philippines
Unmarried sons
and daughters of
Apr. 8, 2001
Apr. 8, 2001
Apr. 8, 2001
Oct. 15, 1994
Oct. 15, 1990
citizens
Spouses and
May 22, 2001
May 22, 2001
May 22, 2001
May 22, 2001
May 22, 2001
children of LPRs
Unmarried sons
and daughters of
Jan. 1, 1996
Jan. 1, 1996
Jan. 1, 1996
Jan. 1, 1991
Jan. 1, 1996
LPRs
Married sons and
daughters of
Feb. 1, 1998
Feb. 1, 1998
Feb. 1, 1998
Jan. 1, 1992
Sep. 1, 1990
citizens
Siblings of
citizens age 21
Sep. 8, 1993
Sep. 8, 1993
Jan. 15, 1993
Jan. 1, 1987
Jan. 1, 1983
and over
Source: U.S. Department of State, Bureau of Consular Affairs, Visa Bulletin for July 2005.
As Table 4 evidences, relatives of U.S. citizens and LPRs are waiting in backlogs
for a visa to become available, with the brothers and sisters of U.S. citizens now waiting
almost 12 years. “Priority date” means that unmarried adult sons and daughters of U.S.
citizens who filed petitions on April 8, 2001 are now being processed for visas. Married
adult sons and daughters of U.S. citizens who filed petitions seven years ago (February
1, 1998) are now being processed for visas. Prospective family-sponsored immigrants
from the Philippines have the most substantial waiting 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 22 years ago.
Due to P.L. 106-313’s easing of the employment-based per-country limits, few
countries and categories are currently oversubscribed in the employment-based
preferences. As Table 5 presents, however, some employment-based visa categories are
once again unavailable. The Department of State’s Visa Bulletin for July 2005, offers
the following explanation: “The Employment Third and Third Other Worker categories
have reached their annual limits and no further FY2005 allocations are possible for the
period July through September. With the start of the new fiscal year in October, numbers
will once again become available in these categories. It is not possible to make any
estimates regarding potential cut-off dates at this time.”17 The countries that are effected
by the oversubscription of the employment-based preference categories are the same as
those waiting for family-based visas: Mexico, China, India and the Philippines.
17 The latest version of the U.S. Department of State, Bureau of Consular Affairs, Visa
Bulletin, is available at [http://travel.state.gov/visa/frvi/bulletin/bulletin_2539.html].

---

CRS-13
Table 5. Priority Dates for Employment Preference Visas
Category
Worldwide
China
India
Mexico
Philippines
Priority workers
current
current
current
current
current
Advanced
degrees/exceptional
current
current
current
current
current
ability
Skilled and
professional
unavailable
unavailable
unavailable
unavailable
unavailable
Unskilled
unavailable
unavailable
unavailable
unavailable
unavailable
Schedule A*
current
current
current
current
current
Special immigrants
current
current
current
current
current
Investors
current
current
current
current
current
Source: U.S. Department of State, Bureau of Consular Affairs, Visa Bulletin for July 2005.
* Schedule A refers to §502 of Division B, Title V of P.L. 109-13, which makes up to 50,000 permanent
employment-based visas available for foreign nationals coming to work as nurses.
Petition Processing Backlogs
Distinct from the visa priority dates that result from the various numerical limits in
the law, there are significant backlogs due to the sheer volume of aliens eligible to
immigrate to the United States. As of December 31, 2003, USCIS reported 5.3 million
immigrant petitions pending.18 USCIS decreased the number of immigrant petitions
pending by 24% by the end of FY2004, but still had 4.1 million petitions pending.19 The
processing dates for immediate relative, family preference, and employment-based LPR
petitions are presented in Appendix B for each of the four USCIS Regional Service
Centers.
Even though there are no numerical limits on the admission of aliens who are
immediate relatives of U.S. citizens, such citizens petitioning for their relatives are
waiting at least a year and in some parts of the country, more than two years for the
paperwork to be processed. Citizens and LPRs petitioning for relatives under the family
preferences are often waiting several years for the petitions to be processed. Appendix
B is illustrative, but not comprehensive because some immigration petitions may be filed
at USCIS District offices and at the National Benefits Center.
Aliens with LPR petitions cannot visit the United States. Since the INA presumes
that all aliens seeking admission to the United States are coming to live permanently,
nonimmigrants must demonstrate that they are coming for a temporary period or they will
be denied a visa. Aliens with LPR petitions pending are clearly intending to live in the
18 According to USCIS, other immigration-related petitions, such as applications for work
authorizations or change of nonimmigrant status, filed bring the total cases pending to over
6 million. Telephone conversation with USCIS Congressional Affairs, Feb. 12, 2004.
19 DHS Office of Immigration Statistics. For USCIS workload statistics, see
[http://uscis.gov/graphics/shared/aboutus/statistics/Workload.htm].

---

CRS-14
United States permanently and thus are denied nonimmigrant visas to come
temporarily.20
Current Issues and Legislation
Legislation in 108th Congress
Legislation reforming permanent immigration came from a variety of divergent
perspectives in the 108th Congress. The sheer complexity of the current set of provisions
makes revising the law on permanent immigration a daunting task. This discussion
focuses only on those bills that would have revised the permanent immigration categories
and the numerical limits as defined in §201-§203 of the INA.21
On January 21, 2004, Senators Chuck Hagel and Thomas Daschle introduced
legislation (S. 2010) that would, if enacted, potentially yield significant increases in legal
permanent admissions. The Immigration Reform Act of 2004 (S. 2010), would have
among other provisions:
! no longer deduct immediate relatives from the overall family-sponsored
numerical limits;
! treat spouses and minor children of LPRs the same as immediate
relatives of U.S. citizens (exempt from numerical limits); and
! reallocate the 226,000 family preference numbers to the remaining
family preference categories.
In addition, many aliens who would have benefited from S. 2010’s proposed temporary
worker provisions would be able to adjust to LPR status outside the numerical limits of
the per country ceiling and the worldwide levels.
Several bills that would offer more targeted revisions to permanent immigration
were offered in the House. Congressman Robert Andrews introduced H.R. 539, which
would have exempted spouses of LPRs from the family preference limits and thus treated
them similar to immediate relatives of U.S. citizens. Congressman Richard Gephardt
likewise included a provision that would have treated spouses of LPRs outside of the
numerical limits in his “Earned Legalization and Family Unity Act” (H.R. 3271).
Congressman Jerrold Nadler introduced legislation (H.R. 832) that would have amended
the INA to add “permanent partners” after “spouses” and thus would have enabled aliens
defined as permanent partners to become LPRs through the family-based immigration
categories as well as to become derivative relatives of qualifying immigrants.
20 §214(b) of INA. Only the H-1 workers, L intracompany transfers, and V family members
are exempted from the requirement that they prove that they are not coming to live
permanently.
21 For discussion of other major immigration legislation, see CRS Report RL32169,
Immigration Legislation and Issues in the 108th Congress, coordinated by Andorra Bruno.
Other CRS reports on the reform of other immigration provisions are available at
[http://www.crs.gov/products/browse/is-immigration.shtml].

---

CRS-15
Legislation that would have reduced legal permanent immigration was introduced
early in the 108th Congress by Congressman Thomas Tancredo. The “Mass Immigration
Reduction Act” (H.R. 946) would have zeroed out family sponsored immigrants (except
children and spouses of U.S. citizens), employment-based immigrants (except certain
priority workers) and diversity lottery immigrants through FY2008. It also would have
set a numerical limit of 25,000 on refugee admissions and asylum adjustments.
Congressman J. Gresham Barrett introduced an extensive revision of immigration law
(H.R. 3522) that also included a significant scaling back of permanent immigration.
Issues in the 109th Congress
President Bush’s Immigration Reform Proposal. When President George
W. Bush announced his principles for immigration reform in January 2004, he included
an increase in permanent legal immigration as a key component. The fact sheet that
accompanied his remarks referred to a “reasonable increase in the annual limit of legal
immigrants.”22 When the President spoke, he characterized his policy recommendation
as follows:
The citizenship line, however, is too long, and our current limits on legal immigration
are too low. My administration will work with the Congress to increase the annual
number of green cards that can lead to citizenship. Those willing to take the difficult
path of citizenship — the path of work, and patience, and assimilation — should be
welcome in America, like generations of immigrants before them.23
Some commentators are speculating the President is promoting increases in the
employment-based categories of permanent immigration, but the Bush Administration
has not yet provided specific information on what categories of legal permanent
admissions it advocates should be increased. Details on the level of increases the
Administration is seeking also have not been provided.
The President featured his immigration reform proposal in the 2004 State of the
Union address, and it has sparked a lively debate. Most of the attention has focused on
the new temporary worker component of his proposal and whether the overall proposal
constitutes an “amnesty” for aliens living in the United States without legal
authorization.
President Bush recently stated that immigration reform is a top priority and is
sparking a lively debate on the issue. In an interview with the Washington Times, the
President responded to a question about where immigration reform ranks in his second
term agenda by saying, “I think it’s high. I think it’s a big issue.” The President posited
that the current situation is a “bureaucratic nightmare” that must be solved.24
22 The White House, Fact Sheet: Fair and Secure Immigration Reform, Jan. 7, 2004.
Available at [http://www.whitehouse.gov/news/releases/2004/01/20040107-1.html].
23 President George W. Bush, “Remarks by the President on Immigration Policy,” Jan. 7,
2004. Available at [http://www.whitehouse.gov/news/releases/2004/01/20040107-3.html].
24 Washington Times, Jan. 12, 2005.

---

CRS-16
Recaptured Visa Numbers for Nurses. Section 502 of Division B, Title V
of P.L. 109-13 (H.R. 1268, the emergency FY2005 supplemental appropriation) amends
the American Competitiveness in the Twenty-first Century Act of 2000 (P.L. 106-313)
to modify the formula for recapturing unused employment-based immigrant visas for
employment-based immigrants “whose immigrant worker petitions were approved based
on schedule A.” In other words, it makes up to 50,000 permanent employment-based
visas available for foreign nationals coming to work as nurses. This provision was added
to H.R. 1268 as an amendment in the Senate and was accepted by the conferees.
Secure America and Orderly Immigration Act (S. 1033/H.R. 2330). On
May 12, 2005, a bipartisan group of Senators and Congressmen25 introduced an
expansive immigration bill known as the Secure America and Orderly Immigration Act
(S. 1033/H.R. 2330). Among other things, these bills would make significant revisions
to the permanent legal admissions sections of INA.26 Specifically Title VI of the
legislation would:
! remove immediate relatives of U.S. citizens from the calculation of the
480,000 annual cap on family-based visas for LPR status, thereby
providing additional visas to the family preference categories;
! lower the income requirements for sponsoring a family member for LPR
status from 125% of the federal poverty guidelines to 100%;
! recapture for future allocations those LPR visas that were unused due to
processing delays from FY2001 through FY2005;
! increase the annual limit on employment-based LPR visa categories
from 140,000 to 290,000 visas; and
! raise the current per-country limit on LPR visas from an allocation of
7% of the total preference allocation to 10% of the total preference
allocation (which would be 480,000 for family-based and 290,000 for
employment-based under this bill).
Immigration Reduction Legislation. Congressman J. Gresham Barrett has
introduced an extensive revision of immigration law (H.R. 1912) that also includes a
significant scaling back of permanent immigration. This legislation is comparable to
legislation he introduced in the 108th Congress.
Permanent Partners. Congressman Jerrold Nadler has introduced legislation
(H.R. 3006) that would amend the INA to add “permanent partners” after “spouses” and
thus would enable aliens defined as permanent partners to become LPRs through the
family-based immigration categories as well as to become derivative relatives of
qualifying immigrants. This bill is comparable to legislation he introduced previously.
25 In the Senate, the co-sponsors are Senators John McCain, Ted Kennedy, Sam Brownback,
Ken Salazar, Lindsey Graham and Joe Lieberman. In the House, the co-sponsors are lead
by Congressmen Jim Kolbe, Jeff Flake and Luis Gutierrez.
26 For an analysis of other major elements of these bills, see CRS Report RL32044,
Immigration: Policy Considerations Related to Guest Worker Programs, by Andorra
Bruno.

---

CRS-17
Petition Processing and Adjudication Funding. USCIS funds the
processing and adjudication of immigrant, nonimmigrant, refugee, asylum, and
citizenship benefits largely through monies generated by the Examinations Fee
Account.27 The Administration increased the fees charged to U.S. citizens and legal
permanent residents petitioning to bring family or employees into the United States and
to foreign nationals in the United States seeking immigration benefits.28 In FY2004, 86%
of USCIS funding came from the Examinations Fee Account. In FY2005, USCIS has
budget authority for $1.571 billion from the Examinations Fee Account.29 Congress
provided a direct appropriation of $60 million in FY2005 to reduce the backlog of
applications and to strive for a six-month processing standard for all applications by
FY2006.30
The Administration is seeking $1.81 billion for USCIS for FY2006. This figure
would be an additional $79 million for FY2006, a 5% increase over FY2005. For direct
appropriations, the Administration is requesting $80 million — a cut of $80 million from
FY2005 and a cut of $155 million from the $235 million Congress appropriated in
FY2004. A decrease of 26% in backlog reduction and customer service activities is
proposed for FY2006. The House-passed bill making FY2006 appropriations for the
Department of Homeland Security (H.R. 2360) provides an increase of $40 million above
the President’s request for a total of $120 million, which is $40 million less than
FY2005. The Senate-reported version of H.R. 2360 would provide $80 million for
USCIS in direct appropriations, recommending $40 million less than provided in H.R.
2360 as passed by the House, and $80 million less than enacted in FY2005.
Many in Congress have expressed concern and frustration about the backlogs and
pending caseload, and Congress has already enacted statutory requirements for backlog
elimination.31 USCIS Director Eduardo Aguirre acknowledged the challenges his agency
faces in testimony before the House Judiciary Subcommittee on Immigration, Border
Security and Claims last year.
We fully realize that the increased funding requested in the budget alone will not
enable us to realize our goals. We must fundamentally change the way we conduct
our business. We are aggressively working to modernize our systems and increase
our capacity through the reengineering of processes, the development and
27 § 286 of the Immigration and Nationality Act. 8 U.S.C. § 1356.
28 For example, the I-130 petition for family members went from $130 to $185, the I-140
petition for LPR workers went from $135 to $190, the I-485 petition to adjust statuswent
from $255 to $315, and the N-400 petition to naturalize as a citizen went from $260 to $320.
Federal Register, vol. 69, no. 22, Feb. 3, 2004, pp. 5088-5093.
29 P.L. 108-334, conference report to accompany H.R. 4567, H.Rept. 108-774.
30 The President’s Budget request for FY2002 proposed a five-year, $500 million initiative
to reduce the processing time for all petitions to six months. Congress provided $100 in
budget authority ($80 direct appropriations and $20 million from fees) for backlog reduction
in FY2002. P.L. 107-77, conference report to accompany H.R. 2500, H.Rept. 107-278.
31 For example, see §§ 451-461 of the Homeland Security Act of 2002 (P.L. 107-296).

---

CRS-18
implementation of new information technology systems, and the development of
mechanisms to interact with customers in a more forward-reaching manner.32
The 109th Congress is expected to closely oversee progress in backlog reduction and
improvements in petition processing.
32 U.S. Congress, House Committee on the Judiciary, Subcommittee on Immigration, Border
Security and Claims, Hearing on Backlog Reduction Plan for Immigration Applications,
June 17, 2004.

---

CRS-19
Appendix A. Top Fifty Sending Countries in FY2004 by Category of LPR
Family
Employment-
sponsored
based
Immediate
Refugee and
Diversity
Cancel of
Country of birth
Total
preferences
preferences
relatives
asylee
programs
removal
Other
Mexico
175,364
62,463
7,225
99,718
D
D
3,357
2,467
India
70,116
13,307
38,443
16,942
1,181
90
21
132
Philippines
57,827
17,406
15,497
24,708
35
11
71
99
China, People’s Republic
51,156
13,658
15,583
20,947
876
76
3
13
Vietnam
31,514
14,890
D
10,338
2,831
D
D
3,246
Dominican Republic
30,492
18,099
212
12,087
32
8
14
40
El Salvador
29,795
3,744
996
4,874
263
—
19,791
127
Cuba
20,488
2,340
34
976
16,678
298
5
157
Korea
19,766
2,474
8,662
8,602
D
12
D
12
Colombia
18,678
3,011
2,166
12,945
375
9
63
109
Guatemala
17,999
2,317
585
6,169
D
D
8,410
126
Canada
15,567
742
6,694
7,785
17
56
D
271
United Kingdom
14,915
679
6,437
7,566
D
152
D
75
Jamaica
14,414
5,211
662
8,496
D
D
14
25
Poland
14,250
3,746
2,187
5,350
31
2,850
30
56
Haiti
13,998
5,400
122
5,520
536
— 12
2,408
Ukraine
13,655
200
767
3,061
4,980
2,975
8
1,664
Russia
13,358
175
1,994
6,710
2,571
1,097
15
796
Pakistan
12,086
3,629
2,591
5,330
419
9
32
76
Peru
11,781
2,355
1,119
7,062
323
795
48
79
Bosnia-Herzegovina
10,552
15
38
401
10,060
35
— 3
Brazil
10,504
308
3,605
6,362
26
129
24
50
Iran
10,434
2,062
745
3,275
3,966
349
8
29
Nigeria
9,374
925
685
4,549
188
2,959
22
46
Taiwan
8,961
3,163
2,295
2,865
D
613
D
19
Ecuador
8,611
1,928
1,153
5,057
33
328
55
57
Ethiopia
8,237
347
D
1,760
1,522
4,517
D
5
Bangladesh
8,061
2,099
963
2,981
198
1,756
28
36
Japan
7,694
144
2,176
4,834
5
513
— 22
Germany
7,099
150
1,931
3,951
568
464
5
30

---

CRS-20
Family
Employment-
sponsored
based
Immediate
Refugee and
Diversity
Cancel of
Country of birth
Total
preferences
preferences
relatives
asylee
programs
removal
Other
Guyana
6,329
3,957
203
2,146
D
9
D
6
Venezuela
6,220
431
1,498
3,917
214
127
12
21
Egypt
5,522
886
556
2,099
313
1,643
7
18
Honduras
5,505
1,662
424
3,068
93
10
207
41
Trinidad and Tobago
5,384
1,689
589
3,034
D
31
D
34
Ghana
5,328
553
222
3,216
D
1,152
D
35
Kenya
5,323
154
362
1,651
406
2,730
5
15
Argentina
4,805
232
1,402
2,906
120
121
5
19
Romania
4,557
295
780
2,216
79
1,145
32
10
Thailand
4,314
418
565
2,957
246
D
D
41
Bulgaria
4,194
110
475
1,172
65
2,342
19
11
Israel
4,160
264
1,322
2,293
13
249
4
15
Morocco
4,128
110
222
1,530
3
2,251
— 12
Nicaragua
4,000
453
56
1,289
137
10
17
2,038
Hong Kong
3,951
2,386
744
710
22
78
—
11
Somalia
3,929
21
D
191
3,640
69
D
1
Turkey
3,833
158
719
1,836
25
1,084
5
6
Lebanon
3,811
1,230
527
1,875
134
25
7
13
France
3,595
132
1,387
1,890
D
160
D
14
Cambodia
3,534
864
D
2,262
91
65
D
212
Top fifty total
829,168
202,992
137,620
353,479
53,315
33,402
32,356
14,848
Source: CRS analysis of data from the U.S. Department of Homeland Security, FY2004 Statistical Yearbook of Immigration, 2005.
Note: “D” means that data disclosure standards are not met; “—” represents zero.

---

CRS-21
Appendix B. Processing Dates for Immigrant Petitions
Regional service centers
Immigrant
category
California
Nebraska
Texas
Vermont
Immediate
Feb. 28, 2005
Oct. 3, 2003
Feb. 28,2005
Apr. 30, 2005
relatives
Unmarried sons
Dec. 19, 2002
Jun. 22, 2001
May 7, 2001
Jan. 15, 2002
and daughters of
citizens
Spouses and
Dec. 22, 2004
Apr. 13, 2001
Mar. 1, 2001
Jan. 15, 2002
children of LPRs
Unmarried sons
Dec. 30, 2004
Apr. 13, 2001
Jan. 4, 1999
Apr. 30, 2001
and daughters of
LPRs
Married sons and
Apr. 9, 2001
Apr. 13, 2001
May 7, 2001
Feb. 26, 2000
daughters of
citizens
Siblings of
Dec. 30, 2000
Apr. 13, 2001
Sept. 1, 1999
Sep. 24, 1999
citizens age 21
and over
Priority workers
Apr. 4, 2005
Jan. 1, 2004
Dec. 13, 2004
Feb. 5, 2005
— extraordinary
Priority workers
Apr. 4, 2005
Dec. 1, 2003
Dec. 13, 2004
Feb. 5, 2005
— outstanding
Priority workers
Apr. 4, 2005
Apr. 1, 2004
Dec. 13, 2004
Nov. 18, 2004
— executives
Persons with
Apr. 1, 2005
Dec. 1, 2004
Mar. 24, 2005
Feb. 12, 2005
advanced degrees
or exceptional
abilities
Skilled workers
Apr. 1, 2005
Dec. 1, 2003
Mar. 29, 2005
Mar. 19, 2005
(at least two years
experience) or
professionals
(B.A.)
Unskilled shortage
Apr. 1, 2005
Apr. 1, 2004
Mar. 29, 2005
Mar. 19, 2005
workers
Source: CRS presentation of USCIS information dated June 21, 2005; available at
[https://egov.immigration.gov/cris/jsps/index.jsp]

---