LegiStorm

Summary:

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.