Immigration Issues

Annual Immigration (2011)

The annual flow of immigration consists of two parts: legal and illegal. There is no fixed limit to the number of legal immigrants admitted annually, because the category of immediate relatives is unlimited and because the ceiling for admission of refugees is set independently each year.

Relatives

The immediate relative category includes unmarried minor children, spouses, and parents of U.S. citizens and is unlimited. Any qualified foreigner who is the immediate relative of a U.S. citizen has a right to a visa under current immigration law, without regard to any limits on admission in general or on the flow from any one country. Other relatives fall into four sub-categories called preferences (see chart for details). Relatives accounted for 65 percent of immigration in 2006.

Employment-Based Immigrants

Employment-based immigrants are admitted either because employers sponsor them or they have special qualifications. About half of all employed-based visas go not to workers, but to their accompanying family members.

Other Legal Immigrants

Refugees and asylees are applicants for admission who are found to have fled their homeland due to persecution or the fear of persecution. Refugees apply from abroad and are subject to a numerical limit. Asylees apply from the within the U.S., and there is no limit to how many may apply or be granted asylum. Many more people apply for asylum than receive it. Many of these claims are from illegal aliens who simply seek to avoid deportation.

There are a few other special immigration programs, such as the diversity visa lottery (55,000 visas). These special programs operate outside the core immigration programs mentioned above.

Illegal Aliens

Illegal aliens fall into two broad categories: those who come here temporarily, and those who come to reside here. Arriving illegal aliens may number as many as three million a year; more precise figures are elusive. After accounting for illegal aliens who are deported or leave on their own or who die, the illegal alien population is estimated to be growing each year by about 500,000 persons. The Census Bureau's estimate of the number of illegal aliens living is the U.S. in 2000 is 8,700,000; other estimates are as high as twenty million.

Categories Ceilings 2009 Admissions
Relatives   747,413
Immediate Relatives of United States Citizens Unlimited 535,554
Unmarried Adult Children of United States Citizens 23,400 23,965
Spouses and Unmarried Adult Children of Residents 114,200 98,567
Married Adult Children of United States Citizens 23,400 25,930
Siblings of United States Citizens 65,000 63,397
Employment Preferences 143,949 144,034
Priority Workers 41,170 40,924
Professionally Exceptional 41,170 45,552
Skilled and Unskilled Workers and Professionals 41,169 40,398
Special Immigrants 10,220 13,472
Investors 10,220 3,688
Other   225,247
Lottery 55,000 47,879
Refugees 90,000 118,836
Asylees Unlimited 58,532
Miscellaneous   14,124
Legal Immigrants, Total   1,130,818

DHS Yearbook of Immigration Statistics FY '2009

Unlike many other countries, the United States has an immigration policy that does little to ensure that annual immigration is beneficial to society. Most immigrant admissions are based on who came before, not on whose skills the country might need now. If you don't include the nearly 78,477 family members of immigrants who get employment-based visas, approximately 5.8 percent of immigrant admissions in FY'09 were based on employment qualifications. While there is an immigration limit for family-sponsored and employer-sponsored immigrants, the admissions under those categories amount to less than one-third (31.5%) of total admissions.

 

Updated February 2011

 


Selling America Short: The Failure of the EB-5 Visa Program (2012)
The Employment Based 5th Preference (EB-5) Visa, also known as the Immigrant Investor Program, was established by Congress in 1990 to grant foreign nationals legal permanent residency (LPR) status for investing in the U.S. and creating jobs for at least two years (INA §203(b)(5)).