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  • What are the most typical jobs immigrants have?  Give examples from this week’s readings and distinguish between high income, high skilled and low income, low skilled.
  • Using your readings (and any outside sources you might encounter), do immigrants really take jobs away from natives and lower wages? Do they come here to get welfare? Are immigrants exploited in the labor force? Are immigrants segmented by occupation and class?  Make an argument and use sources to back it up. 
  • (250+ words total for both questions)

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ESS OF THE UNITED STATE

S

CONGRESSIONAL BUDGET OFFICE

CB

O

Immigr

a

tion P

olicy

in the
United States:

An Update

DECEMBER

2010

©
S

hu
tte

rs
to

ck

Im

ag
es

,

L

LC

Pu

b

. No. 4160

ffice

CBO

States:

The Congress of the United States O Congres

sion

al Budget O

Immigration Policy in the United
An Update

December

2010

CBO

Notes and Definit

ions

referred
n this
in the

ently

.

visa or
short

pply

for

a U.S.
).

t a port
t a port

les

of

issuing
the
whether
official

Numbers in the exhibits and text may not add up to totals because of rounding. Unless otherwise indicated, the years
to in this document are federal fiscal years (which run from October 1 to September 30). Some of the data for

200

4 i
document do not match the data that the Congressional Budget Office reported in its 2006 paper Immigration Policy
United States because they have been revised by the Department of Homeland Security.

Green card: A wallet-sized card showing that the bearer is a l

egal

perm

anen

t resident of the United States.

Legal permanent resident: A foreign-born individual authorized to live, work, and study in the United States pe

rma

n

Legal temporary resident or visitor: A foreign-born individual who is admitted to the United States with a temp

o

rary

who is allowed to enter the country without a visa. Those categories include visitors who are in the United States for
periods and temporary resi

dents

who are in the United States for longer, although time-limited, stays.

Refugee or asylum-seeker: An individual who is at risk of persecution in his or her country of nationality

. R

efugees

a

legal admission from outside the United States; asylum-seekers request admission from within the United States or at
port of entry (that is, a place where one may be checked by immigration officials and lawfully enter the United States

Rem

oval

: The expulsion of a foreign-born individual from the United States if he or she is found to be inadmissible a
of entry or otherwise in violation of U.S. immigration laws. An inadmissible individual is a person seeking admission a
of entry who does not meet the criteria of the Immigration and Nationality Act.

U.S. visa: A permit allowing the bearer to apply for entry into the United States under a certain classification. Examp
classifications include student (F), visitor (B), and temporary worker (H). The Department of State is responsible

for

visas at U.S. embassies and consulates outside of the United States. A visa does not grant the bearer the right to enter
United States. Officials with the Department of Homeland Security’s U.S. Customs and Border Protection determine
an individual can be admitted into the United States at a port of entry. A foreign national may be denied entry by an
because he or she lacks proper documentation or because of public health or security concerns (or for other r

easo

ns).

Immigration Policy in the United States

  • Preface
  • CBO

    The I for the lawful
    entry of fo rma

    nent

    resident sta ited States on
    the basis o porary v

    isas

    were issued sm for a short
    perio

    d.

    This docum licy in the
    United Sta s to the
    United Sta migrat

    ion

    laws—and rted in the
    earlier pap not make any
    recom

    men

    Paige Piper e directio

    n of

    Patrice Go of Priscila
    Hammett, nnifer Smith,
    all of CBO

    e.

    Christine B ion, a

    nd

    Maureen C dled the print
    distributio

    December

    mmigration and Nationality Act sets immigration policy in the United States. The act provides
    reign nationals on a permanent or temporary basis. In

    20

    0

    9

    , the United States granted legal pe
    tus to more than 1.1 million people. About two-thirds of those people were admitted to the Un

    f family connections to current U.S. citizens or residents. Also in 2009, roughly 5.8 million tem
    , about three-quarters of which were for people visiting the United States for business or touri

    ent updates the Congressional Budget Office’s (CBO’s) February 2006 paper Immigration Po
    tes. It presents data through 2009 on permanent and temporary admissions of foreign national
    tes, the number and types of visas issued, the naturalization of residents, and enforcement of im
    makes comparisons with 2004, which was the most recent year for which most data were repo
    er. In keeping with CBO’s mandate to provide objective, impartial analysis, this document does
    dations.

    /Bach and Brian Prest of CBO’s Microeconomic Studies Division wrote the document under th
    rdon and Joseph Kile. Sam Wice fact-checked it. The document benefited from the comme

    nts

    Melissa Merrell, David Moore, Jonathan Morancy, David Rafferty, Jonathan Schwabish, and Je
    . In addition, staff members of the Congressional Research Service provided valuable assistanc

    ogusz edited the document, and Kate Kelly proofread it. Jeanine Rees prepared it for publicat
    ostantino designed the cover. Monte Ruffin produced the printed copies, Linda Schimmel han

    n, and Simone Thomas prepared the electronic version for CBO’s Web site (www.cbo.gov).

    Douglas W. Elmendorf
    Director

    2010

    http://www.cbo.gov

    CBO

    Exhibit Page Number
    Legal

    Perm

    anent R

    eside

    1. Categories of A 5

    2.

    Admis

    sions of 6

    3. Admissions of 7

    4. Admissions of 8

    5. Admissions of

    9

    6. Numerical Ce 10

    7. Family-Based 11

    8. Numerical Ce 12

    9. Employment- 13

    10. Numerical Ce 14

    11. Diversity Prog 09 15

    12. Numerical Ce 16

    13. Humanitarian 17

    nts

    dmiss

    L

    e

    gal P

    Legal P
    Legal P
    Legal P

    ilings o

    Admiss

    ilings o

    Based

    A

    iling on

    ram

    Ad

    ilings o
    Ad

    m

    is

    ion

    erm

    erm
    erm
    erm

    n

    Fa

    ions

    n

    Em

    dm

    Di

    mis

    n H

    sion

    of Leg

    anen

    anen
    anen
    anen

    mily

    of L

    ploy

    ission

    versit

    sions

    uman

    s of L

    al Pe

    t Res

    t Res
    t Res
    t Res

    -Base

    egal P
    men

    s of L

    y Pro

    of Le

    itaria

    egal

    rman

    id

    ent

    ident
    ident
    ident

    d

    Vis

    erma

    t-Bas

    egal

    gram

    gal P

    n

    Vi

    Perm

    L

    ent

    R

    s, by

    s, by
    s, by
    s, by

    as Iss

    nent

    ed Vi

    Perm

    Visa

    erma

    sas Is

    anen
    is
    eside

    Categ

    Meth

    Regio

    Categ

    u

    ed

    Resid

    sas Is
    anen

    s Issu

    nent

    sued

    t Resi

    t o

    nts, 2

    ory,

    od o

    n of
    ory,

    ents,

    sued
    t Res
    ed
    Resid

    dents

    f E

    0

    09

    2

    009

    f Adm

    Birth

    2004

    2004

    ident
    ents,

    , 200

    xh

    issio

    , 200

    to 20

    to 2

    s, 200

    by R

    4 to

    ib

    n, 20

    9
    09
    009

    4 to

    egion

    2009

    its

    04 to

    2009

    of B

    2009

    irth,

    2

    004 to

    20

    CBO

    CONTENTS v

    Exhib Page Number
    T

    empo

    14 19

    15 20

    16 21

    17 23

    18 25

    Natura

    19 27

    20 29

    Enforc

    21 31

    22 32

    it
    rary R

    .

    T

    . V

    .

    N

    . Ad

    . Ad

    lizatio

    . R

    . Pe

    ement

    . En

    . R

    esi

    ypes

    isas

    umb

    mi

    mi
    n

    equi

    opl

    of
    for
    easo
    dents

    of V

    I

    ssued

    er an

    ssions

    ssions

    reme

    e Nat

    Immi

    ceme

    ns for

    and

    isas I

    for

    d Ty

    of L

    of T

    nts fo

    uraliz

    grat

    nt Ef

    Rem

    Visi

    ssued

    T

    emp

    pe of

    egal T

    empo

    r Na

    ed, b

    ion P

    forts,

    oval

    tors

    for T

    orary

    Te

    m

    emp

    rary

    turali

    y Reg

    olicy
    2004

    , 2004

    empo

    Resid

    porary

    orary

    Work

    zation

    ion o

    to 20
    to 20
    rary
    ent
    Vi

    Resi

    ers,

    f Bir

    09
    09

    Resi

    s and

    sas Iss

    dents

    by Vi

    th, 2

    dents a

    V

    isito

    ued, b

    and V

    sa Cla

    004 to
    nd

    rs, b

    y V

    isito

    ss, 2

    200

    Visitors, 2009

    y Visa Class, 2009

    isa Class,

    2004 to 2009

    rs, by Visa Class or Program,

    2004 to 2009

    009
    9

    CBO

    tes:

    n an
    n the
    jectiv

    the r
    eople
    ng in

    orker
    for w

    iver
    th hi
    nite

    refu
    giou
    oun

    forei
    bec
    in th
    a lim
    s. To
    ent,
    isa. T
    or vi
    e a q
    qual
    he V
    citiz

    ecific job skills are eligible for permanent
    ion. The fourth category is known as the
    ity Program, which allows individuals from
    ies with low rates of immigration to the
    States to enter under a lottery-based system
    ovides a pathway for legal permanent resi-
    Finally, for humanitarian reasons, some for-
    tionals are admitted to the United States as
    s or asylum-seekers; one year after obtaining
    or refugee status, they may apply for LPR

    granted permanent admission include for-
    tionals who entered the United States as
    rmanent residents and those already present

    country who were granted LPR status. Of
    ple granted LPR status in 2009, about
    0 (or 41 percent) were first-time entrants to
    ited States, and about 668,000 (or 59
    t) were already inside the United States. In
    foreign nationals who were born in Asia
    ted for 413,000 (or 37 percent) of the
    granted LPR status, and people who were
    North America (which includes Central
    a) accounted for 375,000 (or 33 perce

    nt).

    tal number of permanent admissions in
    as about the average for the previous four

    ut 18 percent more than were granted such
    n 2004. (Over the period from 2005
    h 2009, the number of people granted LPR

    The Immigratio
    gration policy i
    four general ob

    B To facilitate
    admitting p
    member livi

    B To attract w
    occupations

    B To increase d
    countries wi
    tion to the U

    B To provide a
    of racial, reli
    their home c

    The law allows
    United States to
    (LPRs) or to be
    purpose during
    dents or visitor
    permanent resid
    must obtain a v
    porary resident
    obtain a visa, b
    Mexico, or be a
    participates in t
    program allows

    isa Waiver Program. (That
    ens of certain countries to

    are based on family relationships. Under a third
    category, employment-based preferences, workers

    status i
    throug

    sity by admitting people from
    storically low rates of immigra-
    d States, and

    ge for people who face the risk
    s, or political persecution in
    try.

    gn nationals to enter the
    ome legal permanent residents
    e United States for a specific
    ited stay as temporary resi-

    enter the country as a legal
    a national of a foreign country
    o enter the country as a tem-
    sitor, a foreign national must
    ualifying citizen of Canada or
    ifying citizen of a country that

    who are in the United States without
    authorization.

  • Legal Permanent Residents
  • People granted permanent admission to the United
    States are formally classified as legal permanent
    residents and receive a document, commonly
    known as a green card, that certifies that status.
    LPRs are eligible to live and work in the United
    States, own property, and join the armed forces;
    eventually, they may apply for U.S. citizenship. In
    2009, the United States granted LPR status to
    roughly 1.1 million people.

    Foreign nationals who are eligible for permanent
    admission fall into one of five broad categories.
    Two of those categories—immediate relatives of
    U.S. citizens and family-sponsored preferences—

    status.

    People
    eign na
    legal pe
    in the
    the peo
    463,00
    the Un
    percen
    2009,
    accoun
    people
    born in
    Americ

    The to
    2009 w
    years b

    Immigration Policy in the United Sta
    An Update

    d Nationality Act sets immi-
    United States on the basis of
    es:

    eunification of families by
    who already have a family
    the United States,

    s to fill positions in certain
    hich there are shortages,

    travel to the United States for business or tourism
    for up to 90 days without having to obtain a visa.)

    The law also outlines a process by which foreign
    nationals who have been granted legal permanent
    residence may apply to become naturalized
    U.S. citizens. In addition, the law establishes
    mechanisms to control the flow of legal entry into
    the United States, prevent the entry of individuals
    without authorization, and remove individuals

    with sp
    admiss
    Divers
    countr
    United
    that pr
    dency.
    eign na
    refugee
    asylum

    CBO

    MIGRATION POLICY IN THE UNITED STATES: AN UPDATE 2

    sta
    nu
    be
    we
    fro
    tot
    the
    sp
    co
    19
    ind
    pr
    20
    in
    acc
    de
    of
    wh
    ad
    fro

    Te
    Vi
    Te
    gra
    lim
    tou
    na
    ted
    tha
    eve
    eli
    Sta
    to

    ons were individuals who entered under the
    aiver Program, and the rest had visas. Many

    als had multiple admissions because they
    d and reentered the United States during
    e year.

    mber of legal temporary admissions in
    as the lowest since DHS began reporting
    ata in 2003 and was about 10 percent less
    e number admitted in 2004.

    mbers presented throughout this document
    t the flow of foreign nationals into the

    States in accordance with U.S. immigration
    ormation on the departures of temporary
    s and visitors after their authorized stay is
    ly not recorded. Official estimates are avail-
    ly on departures of LPRs.

    alization
    ermanent residents may become citizens of
    ted States through a process known as nat-
    ion. To become a naturalized citizen, an
    t must fulfill certain requirements set forth

    mmigration and Nationality Act. In gen-
    y legal permanent resident who is at least
    s old and who has maintained the specified
    f continuous residence and presence in the

    States can apply for naturalization. In
    bout 744,000 people became naturalized
    izens, well below the number naturalized
    but close to the average for the past five
    f the 2009 total, the largest percentages of
    ere born in Mexico (15 percent) and India

    nt).
    tes on a permanent basis they would be required
    apply for permanent admission.

    admissions of foreign nationals who were required
    to complete an Arrival/Departure Record (known
    as an I-94 form); about 16 million of those

    people w
    (7 perce

    people admitted for humanitarian reasons,
    ich constituted 17 percent of the permanent

    missions in 2009, grew by almost 60 percent
    m its level five years earlier.

    mporary Residents and
    sitors
    mporary admission to the United States is
    nted to foreign nationals who seek entry for a
    ited time and for a specific purpose, such as
    rism, diplomacy, or study. In addition, foreign

    tionals who meet certain criteria may be permit-
    to work in the United States for a limited time
    t depends on the type of visa they receive. How-
    r, foreign nationals with temporary visas are not

    gible for citizenship, and to remain in the United

    cent were for visitors. Although the number of
    visas issued in 2009 was 755,000 (or 15 percent)
    higher than the number in 2004, it was down by
    almost 800,000 (or 12 percent) from the 6.6 mil-
    lion visas issued in 2008. The decrease was most
    likely a result of the global recession: Fewer visas
    were issued for business, for tourism, and for
    employment.

    The number of legal temporary admissions was
    much greater than the number of visas issued. The
    Department of Homeland Security (DHS)
    estimates that there were 163 million legal tempo-
    rary admissions to the United States in 2009. That
    estimate includes 126 million admissions not
    requiring visas by Canadians traveling for business
    or tourism and certain Mexicans with Border
    Crossing Cards. It also includes about 36 million

    current
    able on

    Natur
    Legal p
    the Uni
    uralizat
    applican
    in the I
    eral, an
    18 year
    period o
    United
    2009, a
    U.S. cit
    in 2008
    years. O

    IM

    tus averaged about 23 percent more than the
    mber during the 2000–2004 period.) The num-
    r of immediate relatives of U.S. citizens who
    re granted LPR status increased by 28 percent
    m 2004 to 2009, accounting for nearly half of
    al permanent admissions in 2009. In contras

    t,

    number of people admitted in the family-

    onsored preference category remained roughly
    nstant from 2004 to 2009 and accounted for
    percent of admissions in 2009. The number of
    ividuals admitted on the basis of employment

    eferences decreased slightly between 2004 and
    09 and accounted for 13 percent of admissions
    2009. Admissions under the Diversity Program
    ounted for only 4 percent of the 2009 total and

    clined slightly from 2004 to 2009. The number

    The federal government reports two types of data
    on foreign nationals who enter the United States as
    temporary residents or visitors—the number of
    temporary visas issued and the number of tempo-
    rary admissions. The number of visas issued indi-
    cates the potential number of foreign nationals
    who may seek admission to the United States
    (excluding a large number who do not require a
    visa). The number of temporary admissions indi-
    cates the number of times that foreign nationals
    enter the United States, thus counting frequent
    travelers multiple times.

    About 5.8 million visas for temporary admission to
    the United States were issued in 2009. Twenty-four
    percent were for temporary residents and 76 per-

    admissi
    Visa W
    individu
    departe
    the sam

    The nu
    2009 w
    those d
    than th

    The nu
    represen
    United
    law. Inf
    resident

    CBO

    IMMIGRATION POLICY IN THE UNITED STATES: AN UPDATE 3

    En
    Po
    In f
    pe and
    vis uals
    in n.
    Pe la-
    tio part
    vo try
    thr ch
    can as
    fin oth.

    In addition, individuals convicted of certain crimes
    can be imprisoned before they are removed from
    the United States.

    The Department of Homeland Security is respon-
    sible for enforcing immigration law and acts to
    arrest, detain, return, and remove foreign nationals
    who violate U.S. laws. In 2009, about 580,000
    people who were arrested or detained returned vol-
    untarily under the supervision of a DHS official to
    their home country or to another country, a figure
    that is well below the number in recent years. Also
    in 2009, about 393,000 people were ordered

    removed, which is 63 percent more than were
    ordered removed in 2004. Of those 393,000
    removals, 107,000 were carried out using an expe-
    dited process designed to speed up the removal of
    people attempting to enter the country illegally. In
    2009, about two-thirds of total removals were for
    noncriminal violations, such as a lack of proper
    documentation, and the other one-third were for
    criminal violations of U.S. laws. (Although various
    estimates exist, there is no way to count the total
    number of individuals who enter the country ille-
    gally or how many of them leave voluntarily.) �

    forcement of Immigration
    licy

    addition to regulating the legal admission o
    rmanent residents and temporary residents
    itors, U.S. law specifies policies for individ
    the United States without legal authorizatio
    ople found to be in the United States in vio
    n of immigration law may be allowed to de
    luntarily or may be removed from the coun
    ough a formal process of adjudication, whi
    include the imposition of penalties (such

    es), a prohibition against future entry, or b

    CBO
    Legal Permanent Residents

    LEG IMMIGRATION POLICY IN THE UNITED STATES: AN UPDATE 5

    CBO

    Ex

    C
    (Th

    So

    No

    ople granted permanent admission to the United
    tes are formally classified as legal permanent res-
    nts and given a green card. LPRs are eligible to
    e and work in the United States, own property,
    d join the armed forces; eventually, they may
    ply for U.S. citizenship.

    e United States grants LPR status to foreign
    tionals who qualify for admission under one of
    following five immigration categories: immedi-
    relatives of U.S. citizens, family-sponsored

    eferences, employment-based preferences, the
    versity Program, and humanitarian. Foreign
    tionals who are eligible for the two family-based
    egories include certain relatives of U.S. citizens
    d LPRs (such as spouses, parents, and unmarried

    der age 21). Under the program of
    t-based preferences, the United States
    status to workers with specific job skills,
    dividuals with extraordinary abilities,
    s with advanced degrees, and unskilled
    ccupations with labor shortages. Other

    enter the United States under the
    ogram, which provides a pathway for
    to gain permanent legal residency. Some
    onals are admitted to the United States
    tarian reasons (as refugees or asylum-
    ich allows them to apply for LPR

    ception of the diversity, humanitarian,
    r categories, a foreign national must be
    y a U.S. citizen, LPR, or prospective
    d have an approved petition filed with

    tizenship and Immigration Services
    order to obtain LPR status. Within
    LPR category, additional qualifications
    for admission. �

    urce: Congressional Budget Office based on Department of Homeland Security, Office of Immigration
    Statistics, 2009 Yearbook of Immigration Statistics (August 2010), Table 6.

    te: LPR = legal permanent resident.

    Unmarried sons
    and daughters of
    U.S. citizens
    (24)

    Married sons
    and daughters of
    U.S. citizens
    (26)

    Siblings of adult
    U.S. citizens
    (63)

    Spouses and dependent
    children of LPRs;
    unmarried sons and
    daughters of LPRs
    (99)

    Individuals with
    extraordinary abilities
    (41)

    Professionals with
    advanced degrees
    (46)

    Skilled workers,
    professionals, and
    certain unskilled workers
    (40)

    Special individuals
    (13)

    Investors
    (4)

    Refugees
    (119)

    Asylum-
    Seekers
    (59)

    Others
    (14)

    Spouses
    (317)

    Parents of
    adult U.S.
    citizens
    (120)

    Unmarried
    children under
    age 21
    (98)

    children un
    employmen
    grants LPR
    including in
    professional
    workers in o
    people may
    Diversity Pr
    individuals
    foreign nati
    for humani
    seekers), wh
    status.

    With the ex
    and investo
    sponsored b
    employer an
    the U.S. Ci
    (USCIS) in
    each major
    are required

    AL PERMANENT RESIDENTS

    hibit 1.

    ategories of Admission of Legal Permanent Residents, 2009
    ousands of admissions)

    Legal Permanent Residents
    (1,131)

    Family-Based:
    Immediate
    Relatives of
    U.S. Citizens

    (536)

    Family-Based:
    Family-Sponsored

    Preferences
    (212)

    Diversity Program
    (48)

    Employment-Based
    Preferences

    (144)

    Humanitarian
    (191)

    Pe
    Sta
    ide
    liv
    an
    ap

    Th
    na
    the
    ate
    pr
    Di
    na
    cat
    an

    LEG IMMIGRATION POLICY IN THE UNITED STATES: AN UPDATE 6

    CBO
    Ex

    A , 2009

    So

    In 2009, the United States granted LPR status
    to 1.1 million individuals, which is about aver-
    age for the 2005–2009 period. Family-based
    admissions, which include admissions of
    immediate relatives of U.S. citizens and admis-
    sions under the program of family-sponsored
    preferences, together accounted for 66 percent
    of total admissions of legal permanent resi-
    dents in 2009. The remaining 34 percent com-
    prised humanitarian admissions (17 percent),
    admissions under employment-based prefer-
    ences (13 percent), and Diversity Program
    admissions (4 percent). Admissions based on
    family-sponsored preferences, employment-
    based preferences, and diversity are all subject

    annual limits; by contrast, admissions of
    mediate relatives of U.S. citizens and
    missions for humanitarian reasons are
    limited.

    hose annual limits did not change during the
    04–2010 period, with the exception of the
    its on asylum-seekers (which changed in

    05) and employment-based preferences (for
    hich specific legislation allowed extra visas in
    rtain years). �

    urce: Congressional Budget Office based on Department of Homeland Security, Office of Immigration
    Statistics, 2009 Yearbook of Immigration Statistics (August 2010), Table 6.

    Family-Based:
    Immediate Relatives of

    U.S. Citizens
    (47%)

    Family-Based:
    Family-Sponsored

    Preferences
    (19%)

    Employment-Based
    Preferences

    (13%)

    to
    im
    ad
    un

    T
    20
    lim
    20
    w
    ce

    AL PERMANENT RESIDENTS

    hibit 2.

    dmissions of Legal Permanent Residents, by Category

    Diversity
    Program

    (4%)

    Humanitarian
    (17%)

    LEG IMMIGRATION POLICY IN THE UNITED STATES: AN UPDATE 7

    CBO
    Ex

    A ,
    20

    So rity, Office of Immigration
    le 6.

    No

    Fir
    Ch

    Fir
    Ch

    e,

    In 2009, about 40 percent of the 1.1 million
    individuals granted LPR status entered the
    United States for the first time as a permanent
    resident. The other 60 percent were individu-
    als who were already in the United States when
    they were granted LPR status. Eligible people
    who are in the United States can file an appli-
    cation with the U.S. government that, if
    approved, would change their status from
    temporary resident or visitor to legal perma-
    nent resident. In 2009, about 668,000 changes
    to LPR status were granted, compared with
    463,000 admissions of first-time entrants.
    Most of those adjustments to LPR status were
    based on a family relationship with a current
    U.S. citizen or LPR.

    The total number of LPR admissions in 2009
    was 173,000 (or 18 percent) more than the
    number in 2004. LPR admissions granted to
    first-time entrants to the United States rose by
    24 percent, and changes of status for people
    who were already in the country grew by
    14 percent. From year to year within that five-
    year period, however, the number of people
    granted LPR status has fluctuated. In 2007, for
    example, that number declined by 17 percent.
    According to DHS, fluctuations in the flow of
    admissions may stem from several factors,
    including the strength of the world economy
    and how quickly applications are processed by
    USCIS. �

    urce: Congressional Budget Office based on Department of Homeland Secu
    Statistics, 2009 Yearbook of Immigration Statistics (August 2010), Tab

    te: n.a. = not applicable.

    AL PERMANENT RESIDENTS

    hibit 3.

    dmissions of Legal Permanent Residents, by Method of Admission
    04 to 2009

    2004 2005 2006 2007 2008 2009

    st-Time Entry to the United States 374 384 447 431 467 463 24
    ange of Status to Legal Permanent Resident 584 738 819 621 641 668 14____ ______ ______ ______ ______ ______

    958 1,122 1,266 1,052 1,107 1,131 18

    st-Time Entry to the United States 39 34 35 41 42 41 n.

    a.

    ange of Status to Legal Permanent Resident 61 66 65 59 58 59 n.a.____ ____ ____ ____ ____ ____

    Total

    100 100 100 100 100 100 n.a.

    Percentage Chang
    2004 to 2009

    Admissions (Th

    ousands)

    Percentage of Yearly Total

    Total

    LEG IMMIGRATION POLICY IN THE UNITED STATES: AN UPDATE 8

    CBO
    Ex

    A anent Residents, by Region of Birth, 2009

    So
    a.

    b.

    th America
    (9%)

    Oceania
    (0%)(1%)

    a

    Of the people granted LPR status in 2009,
    413,000 (or 37 percent) were born in Asia and
    375,000 (or 33 percent) were born in North
    America (which includes Central America).
    Those shares remained relatively constant from
    2004 to 2009.

    Of the total LPR admissions in 2009, the larg-
    est share was people born in Mexico (15 per-
    cent) and the second largest share was people
    born in China (6 perce

    nt). �

    urce: Congressional Budget Office based on Department of Homeland Security, Office of Immigration
    Statistics, 2009 Yearbook of Immigration Statistics (August 2010), Table 3.

    Oceania includes Australia, New Zealand, and the islands of the

    Sou

    th Pacifi

    c.

    North America includes Central America.

    Asia
    (37%)

    North America
    (33%)

    Africa
    (11%)

    b
    AL PERMANENT RESIDENTS

    hibit 4.

    dmissions of Legal Perm

    Europe
    (9%)

    Sou

    LEG IMMIGRATION POLICY IN THE UNITED STATES: AN UPDATE 9

    CBO
    Ex

    A
    20
    (Th

    So Security, Office of Immigration
    0), Table 6.

    Ca

    Fa

    Em
    Di

    Hu

    About 536,000—or almost half—of the LPRs
    admitted in 2009 were immediate relatives of
    U.S. citizens (spouses, parents of citizens
    21 years of age or older, and unmarried chil-
    dren under age 21). Other relatives admitted
    under family-sponsored preferences consti-
    tuted the next largest category, accounting for
    212,000 new LPRs in 2009.

    In recent years, the two uncapped categories of
    LPR admissions (those of immediate relatives
    of U.S. citizens and those for humanitarian
    reasons) were the only ones that experienced
    any significant growth. From 2004 to 2009,
    admissions of immediate relatives of U.S. citi-
    zens increased by 28 percent (or 118,000
    admissions), and humanitarian-based admis-
    sions increased by 59 percent (or 71,000
    admissions). Those changes are also indicative
    of longer-term trends. Admissions of immedi-
    ate relatives over the 2005–2009 period were
    26 percent greater than such admissions from
    2000 through 2004, and admissions for
    humanitarian reasons rose by 50 percent.
    By contrast, admissions in the other three
    categories (family-sponsored preferences,
    employment-based preferences, and the
    Diversity Program) are numerically limited,
    resulting in relatively little change from 2004
    to 2009. However, a one-year spike in admis-
    sions under employment-based preferences
    occurred in 2005 because of a change in law
    that allowed more visas in that category in that
    year. �

    urce: Congressional Budget Office based on Department of Homeland
    Statistics, 2009 Yearbook of Immigration Statistics (August 201

    AL PERMANENT RESIDENTS

    hibit 5.

    dmissions of Legal Permanent Residents, by Category,
    04 to 2009

    ousands)

    tegory of Admission 2004 2005 2006 2007 2008 2009

    mily-Based
    Immediate relatives of U.S. citizens 418 436 580 495 488 536 28
    Family-sponsored preferences 214 213 222 195 228 212 -1
    ployment-Based Preferences 155 247 159 162 167 144 -7

    versity Program 50 46 44 42 42 48

    -4

    manitarian 120 180 260 158 183 191 59____ ______ ______ ______ ______ ______

    Total 958 1,122 1,266 1,052 1,107 1,131 18

    Percentage Change,
    2004 to 2009

    LEG IMMIGRATION POLICY IN THE UNITED STATES: AN UPDATE 10

    CBO
    Ex
    N

    So
    y on

    ly 20,
    nent

    No
    Ca

    Im
    U.

    Fa
    fourth

    first

    t or

    t,

    The number of immediate family members of
    U.S. citizens allowed to receive LPR status is
    not limited under current law; immediate fam-
    ily members consist of spouses, unmarried
    children under 21 years of age, and parents of
    citizens who are 21 or older. Those admissions
    amounted to the single largest category of LPR
    admissions in 2009.

    Family-sponsored visas are also available to a
    broader set of family members of U.S. citizens
    and residents. Those visas are governed by a
    system of preferences, each category of which
    has a set number of visas available. Unused
    visas in each preference category may be passed
    down to the next category, and unused visas in
    the lowest preference category may be passed
    up to the first category. For example, unused
    visas under the ceiling for the fourth prefer-
    ence category (siblings of adult U.S. citizens,
    which are currently capped at 65,000 plus
    unused visas from the second and third prefer-
    ence categories) may be used to increase the
    numerical limit for the first preference cate-
    gory (unmarried sons and daughters of U.S.
    citizens, which are currently otherwise limited
    to 23,400). Since 2004, the number of visas
    issued under family-sponsored preferences has
    had an annual limit of 226,000. �

    urces: Congressional Budget Office based on Department of Homeland Security, U.S. Citizenship and
    Immigration Services, “Green Card Through Family”; Ruth Ellen Wasem, U.S. Immigration Polic
    Permanent Admissions, CRS Report for Congress RL32235 (Congressional Research Service, Ju
    2009); and Department of Homeland Security, Office of Immigration Statistics, U.S. Legal Perma
    Residents: 2009, Annual Flow Report (April 2010).

    te: LPR = legal permanent resident.

    Third preference Married sons and daughters of 23,400 Plus unused visas from firs
    U.S. citizens second preference

    Fourth preference Siblings of adult U.S. citizens 65,000 Plus unused visas from firs
    second, or third preference________

    Total 226,000

    AL PERMANENT RESIDENTS

    hibit 6.

    umerical Ceilings on Family-Based Visas Issued

    tegory Who Qualifies for Category Note

    mediate Relatives of Spouses, parents of citizens Unlimited
    S. Citizens 21 years of age or older, and

    unmarried children under
    age 21

    mily-Sponsored Preferences
    First preference Unmarried adult (ages 21 and older) 23,400 Plus unused visas from

    sons and daughters of U.S. citizens preference

    Second preference Spouses and dependent children of 114,200 Plus unused visas from
    LPRs; unmarried sons and daughters preference
    of LPRs

    Ceiling on
    Visas Issued

    LEG IGRATION POLICY IN THE UNITED STATES: AN UPDATE 11

    CBO
    Ex

    Fa
    20
    (Th

    So
    No
    Ca
    Im
    Fa

    the program of family-sponsored pref-
    s, which is subject to numerical limits,
    itizens and LPRs can sponsor certain
    iate relatives for permanent admission.
    9, about 212,000 people (or 19 percent
    ew legal permanent residents) were

    d admission under that program.

    sions through the program of family-
    red preferences were near the limit of
    0 in most of the years from 2004 to

    averaging 214,000 people annually.
    sions for a category (or the program as a
    ) in one year may be over or under its
    shed ceiling on visas issued in that year
    hibit 6 for details on those ceilings). On

    one hand, actual admissions may exceed
    ceiling because immigration law allows
    sed visas from one category to be allocated
    nother category or because some individu-
    re issued an LPR visa in one year but are

    actually admitted to the United States
    il a subsequent year. On the other hand,
    al admissions may be less than the estab-

    ed ceiling because of fewer applications for
    PR visa or because of processing backlogs

    uch applications in certain years.

    st of the family-sponsored preferences are
    cated to spouses and dependent children of
    s, unmarried sons and daughters of LPRs,

    siblings of adult U.S. citizens. Together,
    se categories have an annual ceiling of
    ,200 visas, which represents almost 80 per-
    t of the visas allocated for family-sponsored
    erences. Over the 2004–2009 period, an
    age of about 164,000 people were admit-
    per year in those categories. �

    urce: Congressional Budget Office based on Department of Homeland Security, Office of Immigration
    Statistics, 2009 Yearbook of Immigration Statistics (August 2010), Table 6.

    tes: LPR = legal permanent resident.

    Admissions for a category in one year may be over or under its established ceiling on visas issued in
    that year (see the previous exhibit). On the one hand, actual admissions may exceed the ceiling because
    immigration law allows unused visas from one category to be allocated to another category or because
    some individuals are issued an LPR visa in one year but are not actually admitted to the United States until
    a subsequent year. On the other hand, actual admissions may be less than the established ceiling because
    of fewer applications for an LPR visa or because of processing backlogs of such applications in certain
    years.

    and dependent children of LPRs;
    unmarried sons and daughters
    of LPRs

    Third preference: married sons and 29 23 21 21 29 26 -10
    daughters of U.S. citizens

    Fourth preference: siblings of 66 65 63 65 69 63 -3
    adult U.S. citizens ____ ____ ____ ____ ____ ____

    Total 214 213 222 195 228 212 -1

    the
    the
    unu
    to a
    als a
    not
    unt
    actu
    lish
    an L
    of s

    Mo
    allo
    LPR
    and
    tho
    179
    cen
    pref
    aver
    ted

    AL PERMANENT RESIDENTS IMM

    hibit 7.

    mily-Based Admissions of Legal Permanent Residents,
    04 to 2009

    ousands)
    tegory of Admission 2004 2005 2006 2007 2008 2009

    mediate Relatives of U.S. Citizens 418 436 580 495 488 536 28

    mily-Sponsored Preferences
    First preference: unmarried 26 25 25 23 26 24 -9

    adult sons and daughters of
    U.S. citizens

    Second preference: spouses 94 100 112 86 103 99 5

    2004 to 2009
    Change,

    Percentage

    Under
    erence
    U.S. c
    immed
    In 200
    of all n
    grante

    Admis
    sponso
    226,00
    2009,
    Admis
    whole
    establi
    (see Ex

    LEG IGRATION POLICY IN THE UNITED STATES: AN UPDATE 12

    CBO
    Ex
    N
    So

    Ca
    Em

    F

    S
    T
    F
    F

    migration policy aims to bring in
    with certain job skills (such as workers
    traordinary abilities or advanced
    ). Like family-sponsored visas,
    ment-based LPR visas are governed by
    of preferences, each with a ceiling on
    ber of visas available. Immigration law

    iority to individuals with extraordinary
    (the first preference category),
    d by professionals with advanced
    and other workers in occupations that
    or shortages in the United States. In
    , immigration law provides for two

    preference categories with much
    ceilings: special individuals (such as
    s workers) and employment-creation
    s. Unused employment-based visas

    given preference category may be
    own to the next category. In addition,
    sed family-sponsored visas are made

    e for employment-based visas.

    st foreign nationals to be admitted
    he employment-based program, an
    er must first submit a labor certifica-
    uest to the Department of Labor. The
    ent must then certify that there are

    ugh U.S. workers available locally to
    the intended work or that the

    ment of the worker will not adversely
    ages and working conditions in the
    States. (Certification is waived for
    eference categories: ministers and other
    workers, workers with extraordinary
    , and investors in U.S. businesses.)
    ceiving certification, the employer
    e a petition with USCIS on behalf of
    ker. �

    urces: Congressional Budget Office based on Department of Homeland Security, U.S. Citizenship and
    Immigration Services, “Green Card Through a Job”; Ruth Ellen Wasem, U.S. Immigration Policy on
    Permanent Admissions, CRS Report for Congress RL32235 (Congressional Research Service, July 20,
    2009); and Department of Homeland Security, Office of Immigration Statistics, U.S. Legal Permanent
    Residents: 2009, Annual Flow Report (April 2010).

    sectors deemed to have shortages those are reserved for unskilled
    and professionals with baccalaureate workers
    degrees; unskilled workers in labor
    sectors deemed to have shortages

    ourth preference Special individuals: ministers, other 9,940 Religious workers limited to
    religious workers, certain foreign 5,000
    nationals employed by the U.S.
    government abroad, and others

    ifth preference Employment-creation investors who 9,940 3,000 minimum reserved for
    commit at least $1 million to the investors in rural or high-
    development of at least 10 new jobs. unemployment areas
    (The amount of the investment may be
    less for rural areas or areas with high
    unemployment.) ________

    Plus unused family-sponsored
    Total 140,000 visas from previous year

    religiou
    investor
    from a
    passed d
    any unu
    availabl

    For mo
    under t
    employ
    tion req
    departm
    not eno
    perform
    employ
    affect w
    United
    three pr
    special
    abilities
    After re
    must fil
    the wor

    AL PERMANENT RESIDENTS IMM

    hibit 8.

    umerical Ceilings on Employment-Based Visas Issued

    tegory Who Qualifies for Category Note
    ployment-Based Preferences
    irst preference Priority workers: individuals with 40,040 Plus unused visas from fourth

    extraordinary ability in the arts, and fifth preferences
    athletics, business, education, or the
    sciences; outstanding professors;
    and certain multinational
    executives and managers

    econd preference Professionals who hold advanced 40,040 Plus unused visas from first
    degrees or who are considered to preference
    have exceptional ability

    hird preference Skilled workers with at least two 40,040 Plus unused visas from first or
    years’ training or experience in labor second preference; 10,000 of

    Visas Issued
    Ceiling on

    U.S. im
    workers
    with ex
    degrees
    employ
    a system
    the num
    gives pr
    abilities
    followe
    degrees
    have lab
    addition
    further
    smaller

    LEG MMIGRATION POLICY IN THE UNITED STATES: AN UPDATE 13

    CBO
    Ex

    E
    20
    (Th

    So
    No
    Ca
    Em

    ut 144,000 people were admitted in 2009
    r employment-based preferences,

    unting for roughly 13 percent of total per-
    ent admissions. That number exceeded
    tatutory ceiling on visas issued by 4,000
    use unused family-sponsored visas are
    e available for employment-based visas.

    rall, about 7 percent fewer individuals
    admitted under the program of
    loyment-based preferences in 2009 than
    04. For the first two preference catego-
    the number of admissions rose, whereas
    umber of admissions under the third
    rence category declined sharply. Admis-

    sions for the fourth and fifth preference cate-
    gories increased from 2004 to 2009, but they
    represented only a small share of admissions.

    The spike in the number of people who were
    admitted under employment-based preferences
    in 2005 and the elevated levels in the following
    years were in part a result of legislation that
    made more visas available for that category.
    The American Competitiveness in the 21st
    Century Act of 2000 (Public Law 106-313)
    temporarily increased by about 130,000 the
    number of employment-based visas available
    over the 2005–2007 period, and the REAL ID
    Act of 2005 (P.L. 109-13) allowed the Depart-
    ment of State to carry forward about 50,000
    unused employment-based visas from previous
    years (which were used from 2005 through
    2007). Admissions in 2008 exceeded the ceil-
    ing because unused family-sponsored visas
    from 2007 were carried forward. �

    urce: Congressional Budget Office based on Department of Homeland Security, Office of Immigration
    Statistics, 2009 Yearbook of Immigration Statistics (August 2010), Table 6.

    tes: * = fewer than 500; ** = not shown because of small number of admissions in 2004.

    Admissions for a category in one year may be over or under its established ceiling on visas issued in
    that year (see Exhibit 8). On the one hand, actual admissions may exceed the ceiling because immigration
    law allows unused visas from one category to be allocated to another category or because some individu-
    als are issued an LPR (legal permanent resident) visa in one year but are not actually admitted to the
    United States until a subsequent year. On the other hand, actual admissions may be less than the estab-
    lished ceiling because of fewer applications for an LPR visa or because of processing backlogs of such
    applications in certain years.

    certain unskilled workers
    Fourth preference:

    Special individuals 5 10 10 5 10 13 149
    Fifth preference:

    Employment-creation investors * * 1 1 1 4 **____ ____ ____ ____ ____ ____
    Total 155 247 159 162 167 144 -7

    AL PERMANENT RESIDENTS I

    hibit 9.

    mployment-Based Admissions of Legal Permanent Residents,
    04 to 2009

    ousands)
    tegory of Admission 2004 2005 2006 2007 2008 2009

    ployment-Based Preferences
    First preference:

    Individuals with extraordinary abilities 31 65 37 27 37 41 31
    Second preference:

    Professionals with advanced degrees 33 43 22 44 70 46 40
    Third preference:

    Skilled workers, professionals, and 86 129 90 85 49 40 -53

    Change,
    2004 to 2009

    Percentage

    Abo
    unde
    acco
    man
    the s
    beca
    mad

    Ove
    were
    emp
    in 20
    ries,
    the n
    prefe

    LEG IMMIGRATION POLICY IN THE UNITED STATES: AN UPDATE 14

    CBO
    Ex
    N

    So ship and
    Ruth Ellen Wasem,
    5 (Congressional
    migration

    Ceiling on
    Ca Visas Issued

    Di 50,000

    The Immigration Act of 1990 introduced the
    Diversity Program, which aims to increase
    admissions of people from countries with his-
    torically low levels of immigration to the
    United States. Since 1999, the number of
    diversity-based visas available each year has
    been limited to 50,000; before 1999, the
    annual limit was 55,000.

    Diversity-based visas are issued through a
    lottery administered by the Department of
    State. Eligible countries are grouped into six
    regions, and visa limits are set for those regions
    on the basis of permanent admissions in the
    past five years and a region’s total population.
    Applicants must have either a high school
    diploma or its equivalent or two years of work
    experience within the past five years in an
    occupation requiring at least two years of
    training or experience. Countries that
    accounted for more than 50,000 permanent
    admissions across all categories during the
    preceding five years are excluded from the pro-
    gram. Applicants selected by the State Depart-
    ment who meet all of the requirements and
    complete the application process are granted
    LPR status. �

    AL PERMANENT RESIDENTS

    hibit 10.

    umerical Ceiling on Diversity Program Visas Issued

    urces: Congressional Budget Office based on Department of Homeland Security, U.S. Citizen
    Immigration Services, “Green Card Through the Diversity Immigrant Visa Program”;
    U.S. Immigration Policy on Permanent Admissions, CRS Report for Congress RL3223
    Research Service, July 20, 2009); and Department of Homeland Security, Office of Im
    Statistics, U.S. Legal Permanent Residents: 2009, Annual Flow Report (April 2010).

    tegory Who Qualifies for Category

    versity Program Citizens of foreign nations with historically low levels of admission to
    the United States. To qualify for a diversity-based visa, an applicant
    must have a high school education or its equivalent or at least two
    years of training or experience in an occupation.

    LEG IMMIGRATION POLICY IN THE UNITED STATES: AN UPDATE 15

    CBO
    Ex

    D ts, by
    R
    (Th

    So migration
    in 2004) and

    No
    a.
    b.

    Re

    Afr 19
    As 67
    Eu -53
    No **
    Oc **
    So **
    Un **

    -4

    04 to 2009
    ntage Change,

    In 2009, foreign nationals from Africa
    accounted for 24,000 (or about half ) of the
    people admitted under the Diversity Program,
    and nationals from Asia accounted for 14,000
    (or 28 percent)—even though the two largest
    Asian countries (China and India) were ineligi-
    ble for the program that year. China, India,
    and several other Asian countries were ineligi-
    ble in 2009 because each accounted for more
    than 50,000 permanent admissions to the
    United States during recent years. The other
    countries that were ineligible in that year
    include Canada, Mexico, the United Kingdom
    (except Northern Ireland), and several South
    American countries. In 2009, Ethiopia and
    Nigeria accounted for more Diversity Program
    admissions than any other country; each had
    nearly 4,000 admissions (or about 8 percent).

    In 2004, Asian countries accounted for a
    smaller share of admissions under the program
    (8,000, or 16 percent), and African and
    European countries accounted for most of the
    foreign nationals admitted under the program.
    The annual limit on diversity visas issued is
    not always reached because some applicants do
    not meet the requirements of the program in
    certain years. �

    urce: Congressional Budget Office based on Department of Homeland Security, Office of Im
    Statistics, 2004–2009 Yearbooks of Immigration Statistics (selected years), Table 8 (
    Table 10 (all other years).

    tes: People categorized as “unknown” are those whose region of birth cannot be verified.

    * = fewer than 500; ** = not shown because of small number of admissions.

    North America includes Central America.

    Oceania includes Australia, New Zealand, and the islands of the South Pacific.

    AL PERMANENT RESIDENTS

    hibit 11.

    iversity Program Admissions of Legal Permanent Residen
    egion of Birth, 2004 to 2009
    ousands)

    gion 2004 2005 2006 2007 2008 2009

    ica 20 16 18 19 18 24
    ia 8 7 8 7 8 14
    rope 19 20 15 12 14 9
    rth Americaa * 1 1 * * *
    eaniab 1 1 1 1 1 1
    uth America 2 2 2 2 1 *
    known * * * * * *___ ___ ___ ___ ___ ___
    Total 50 46 44 42 42 48

    20
    Perce

    LEG IMMIGRATION POLICY IN THE UNITED STATES: AN UPDATE 16

    CBO
    Ex
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    So

    sional

    No
    Ca
    Hu

    grant
    islation

    he U.S. government has the authority to
    rant LPR status to refugees, asylum-seekers,
    nd other people for urgent humanitarian rea-
    ons. Refugees and asylum-seekers are individ-
    als who are at risk of persecution in their
    ountry of nationality on account of their race,
    eligion, membership in a particular social
    roup, or political opinions. The two catego-
    ies are distinct in that refugees apply for that
    tatus from outside the United States, whereas
    sylum-seekers apply from within the United
    tates or at a port of entry. The President sets a
    imit on the number of refugees who can enter
    he United States each year.

    efugees and asylum-seekers are eligible to
    apply for LPR status one year after obtaining
    refugee or asylum status, and immigration law
    does not currently limit the number of refu-
    gees or asylum-seekers who can be granted
    LPR status in any year. Until 2005, the num-
    ber of asylum-seekers authorized to change
    their status to LPR was limited to 10,000 each
    year. However, the REAL ID Act of 2005
    eliminated that ceiling.

    Others granted admission for humanitarian
    reasons include people (such as Amerasians,
    Cubans, and Haitians) who were granted eligi-
    bility for LPR status by specific legislation.
    The category also includes parolees—that is,
    people who would normally not be admitted
    but are granted temporary admission for
    urgent humanitarian reasons or when admis-
    sion is determined to be of significant public
    benefit. �

    urces: Congressional Budget Office based on Department of Homeland Security, U.S. Citizenship and
    Immigration Services, “Green Card Through Refugee or Asylee Status”; Ruth Ellen Wasem,
    U.S. Immigration Policy on Permanent Admissions, CRS Report for Congress RL32235 (Congres
    Research Service, July 20, 2009); and Department of Homeland Security, Office of Immigration
    Statistics, U.S. Legal Permanent Residents: 2009, Annual Flow Report (April 2010).

    te: LPR = legal permanent resident.

    Others Various classes of people, such as Amerasians, Unlimited Dependent on authority to
    parolees, certain Central Americans, Cubans, and LPR status in applicable leg
    Haitians, whose status is adjusted to LPR,
    and certain people granted LPR status following
    removal proceedings.

    AL PERMANENT RESIDENTS

    hibit 12.

    umerical Ceilings on Humanitarian Visas Issued

    Ceiling on
    tegory Who Qualifies for Category Visas Note

    manitarian
    Refugees Foreign-born individuals who have been granted Unlimited No limit on adjustments from

    refugee status in the United States because of refugee status to LPR status, but
    the risk of persecution or a well-founded fear of the President determines a ceiling
    persecution. Refugees must wait one year before on the number of individuals who
    petitioning for LPR status. may be granted refugee status.

    Asylum-Seekers Foreign-born individuals who have been granted Unlimited
    asylum in the United States because of the risk of
    persecution or a well-founded fear of persecution.
    Asylum-seekers must wait one year before
    petitioning for LPR status.

    T
    g
    a
    s
    u
    c
    r
    g
    r
    s
    a
    S
    l
    t

    R

    LEG IMMIGRATION POLICY IN THE UNITED STATES: AN UPDATE 17

    CBO
    Ex

    H rmanent Residents,
    20
    (Th

    So Homeland Security, Office of Immigration
    ugust 2010), Table 6.

    Ca
    Ad 7 2008 2009

    Re 5 90 119 95
    As 1 76 59 473
    Ot 2 16 14 -71_ ____ ____

    8 183 191 59

    Percentage

    Change,
    2004 to 2009

    In 2009, about 191,000 refugees, asylum-
    seekers, and others were granted LPR status on
    humanitarian grounds, an increase of 59 per-
    cent from 2004. The countries that accounted
    for the most humanitarian admissions in 2009
    were Cuba (18 percent), China (10 percent),
    and Somalia (7 percent).

    In 2005, the Department of Homeland
    Security reduced a backlog in applications by
    refugees for LPR status, processing more appli-
    cations and allowing more refugees to obtain
    that status. In addition, the REAL ID Act of
    2005 eliminated the ceiling of 10,000 admis-
    sions for asylum-seekers. Together, those two
    changes led to a large increase in humanitarian
    admissions beginning in 2005. �

    AL PERMANENT RESIDENTS

    hibit 13.

    umanitarian Admissions of Legal Pe
    04 to 2009

    ousands)

    urce: Congressional Budget Office based on Department of
    Statistics, 2009 Yearbook of Immigration Statistics (A

    tegory of
    mission 2004 2005 2006 200

    fugees 61 113 100 5
    ylum-Seekers 10 30 117 8
    hers 49 37 44 2____ ____ ____ ___
    Total 120 180 260 15

    CBO

  • Temporary Residents and Visitors
  • TEM IMMIGRATION POLICY IN THE UNITED STATES: AN UPDATE 19

    CBO
    Ex

    Ty and Visitors, 2009
    (Th

    So the

    r
    sidents
    )

    Temporary admission to the United States is
    granted to foreign nationals who seek entry for
    a limited time and for a specific purpose—
    including tourism, diplomacy, work, or study.
    Such temporary visas can be either visitor visas
    or temporary resident visas; the latter are gen-
    erally for a longer period of time.

    In general, anyone wishing to obtain a tempo-
    rary visa for admission into the United States
    for a specific purpose or activity must provide
    evidence that the visit will be temporary, agree
    to depart at the end of the authorized stay,
    possess a valid passport, maintain a foreign
    residence, be able to provide proof of financial
    means (in most cases), and abide by the terms
    and conditions of admission. For individuals
    who want to come to the United States law-
    fully to work temporarily, a prospective
    employer must generally file a petition on their
    behalf with the Department of Labor and
    USCIS. �

    urce: Congressional Budget Office based on Department of State, Bureau of Consular Affairs, Report of
    Visa Office 2009, Table XVI.

    Students and
    Exchange Visitors
    (708)

    Temporary Workers and
    Their Families
    (516)

    Other Temporary Resident
    (195)

    PORARY RESIDENTS AND VISITORS

    hibit 14.

    pes of Visas Issued for Temporary Residents
    ousands of visas issued)

    Temporary Visas Issued
    (5,804)

    Visas for Visitors
    (4,386)

    Visas fo
    Temporary Re

    (1,419

    TEM IMMIGRATION POLICY IN THE UNITED STATES: AN UPDATE 20

    CBO
    Ex

    Vi nd Visitors, by
    Vi

    So
    a.

    mporary Workers
    (7%)

    Spouses and Children of

    Temporary Residents
    (24%)

    a

    According to data from the State Department,
    the United States issued about 5.8 million
    temporary visas in 2009. More than 75 per-
    cent of those visas were for people visiting the
    United States for tourism, business, or both.
    The rest were for temporary residents, mostly
    students, exchange visitors, and temporary
    workers.

    In 2009 (according to information not shown
    here), foreign nationals from Asia accounted
    for 2.1 million (or 36 percent) of the tempo-
    rary visas issued, and nationals from North
    America accounted for 1.3 million (or 22 per-
    cent). By country, the largest share of visas was
    issued to nationals of Mexico (15 percent), and

    argest share was issued to nationals
    percent). �

    urce: Congressional Budget Office based on Department of State, Bureau of Consular Affairs, Report of the
    Visa Office 2009, Table XVI.

    Includes families of some temporary workers because the Department of Homeland Security does not
    separately report admissions of those workers and their family members.

    Visitors
    (76%)

    Temporary Workers
    (2%)

    Others
    (3%)

    the second l
    of China (9

    PORARY RESIDENTS AND VISITORS

    hibit 15.

    sas Issued for Temporary Residents a
    sa Class, 2009

    Students and
    Exchange Visitors

    (12%)

    Te

    TEM IMMIGRATION POLICY IN THE UNITED STATES: AN UPDATE 21

    CBO
    Ex

    N
    20
    (Th

    Vis
    Vis

    Tem

    The intended purpose of the visit and other
    facts determine what type of temporary visa is
    required under U.S. law. There are more than
    80 types of temporary visas available, includ-
    ing those for foreign government officials,
    visitors for business or tourism, academic and
    vocational students, and workers. Categories
    of temporary visas are commonly referred to
    by the letter and numeral that corresponds to
    the subsection and paragraph of the Immigra-
    tion and Nationality Act that authorizes that
    visa; for example, B-2 for tourists, F-1 for for-
    eign students, and J-1 for cultural exchange
    participants. Many of those specific categories
    of visas are part of a major class (for example,

    a specific type in the major class of H
    xhibit 16 does not show all 80 sub-

    ies, but instead it combines some sub-
    ies into their major class for simplicity.

    ary students and exchange visitors, as
    members of their families, received
    visas in 2009. Temporary workers

    ir families received 516,000 visas in
    r. H visas (for distinguished and
    y workers) make up the largest sub-
    y of temporary visas issued for employ-
    bout 218,000 workers received H

    2009. Various subcategories are
    cally capped, and they are subject to
    exemptions. Of the various subcatego-

    visas, the largest is H-1B, for “work-
    istinguished merit and ability”; about
    0 H-1B visas were issued in 2009.

    (Continued)

    Continued

    Spouses and children of students F-2, M-2 19 18 21 22 23 22 16
    Exchange visitors J-1 255 275 310 344 359 314 23
    Spouses and children of exchange visitors J-2 28 29 30 32 33 32 15____ ____ ____ ____ ____ ____

    Subtotal 525 566 642 706 767 708 35

    Temporary workers
    Workers of distinguished merit and ability H-1B 139 124 135 154 129 110 -21
    Seasonal workers in agricultural services H-2A 32 32 37 51 64 60 89
    Seasonal workers in nonagricultural services H-2B, H-2R 76 89 123 130 94 45 -41
    Workers with extraordinary ability O-1, O-2 9 10 11 12 14 14 56
    Internationally recognized athletes or entertainers P-1, P-2, P-3 31 34 33 35 38 33 6
    Intracompany transfereesa L-1 63 65 73 85 84 65 3
    Treaty-related workers and spouses and

    children E 37 37 40 41 40 35 -6
    Free trade agreement professionals, shortage area

    nurses, and trainees H-1B-1, H-1C, H-3 2 2 3 4 4 3 78
    International media workers and spouses

    and children I 16 17 16 16 17 15 -7
    Cultural exchange workers Q-1, Q-2 2 2 2 2 2 2 3
    Religious workers R-1 9 9 9 10 10 3 -69
    NAFTA professional workers TN 1 2 3 4 5 4 354____ ____ ____ ____ ____ ____

    Subtotal 416 423 483 542 503 388 -7

    H-4, L-2, O-3, P-4,
    Q-3, R-2, TD 149 136 145 167 153 127 -14

    Spouses and children of
    temporary workersb

    H-1B is
    visas). E
    categor
    categor

    Tempor
    well as
    708,000
    and the
    that yea
    specialt
    categor
    ment: A
    visas in
    numeri
    certain
    ries of H
    ers of d
    110,00

    PORARY RESIDENTS AND VISITORS

    hibit 16.

    umber and Type of Temporary Visas Issued, by Visa Class,
    04 to 2009

    ousands)

    a Types Visa Class 2004 2005 2006 2007 2008 2009

    itors (Excluding Visa Waiver Program)
    Business and tourism B-1/B-2/BCC 3,414 3,741 4,076 4,514 4,696 4,117 21
    Others (Transit visitors, commuter students, C, C-1/D, D-Crewlist,

    sea and air crews) F-3, M-3 336 325 303 323 290 269 -20_____ _____ _____ _____ _____ _____
    Subtotal 3,750 4,066 4,379 4,838 4,986 4,386 17

    porary Residents
    Temporary students and exchange visitors

    Students F-1, M-1 224 244 281 308 351 340 52

    Percentage

    Change,

    2004 to 2009

    TEM IMMIGRATION POLICY IN THE UNITED STATES: AN UPDATE 22

    CBO

    Ex Continued

    N s Issued, by Visa Class,
    20
    (Th

    So eport of the

    No ause of small

    a. tion.

    b. dia
    not report the

    c. as fiancé(e)s

    Vis 2004 2005 2006 2007 2008 2009
    Tem

    72 57 49 51 45 41 -44
    136 142 138 141 149 154 13

    * * * * * * **____ ____ ____ ____ ____ ____
    209 199 187 192 194 195 -7

    5,049 5,389 5,837 6,444 6,603 5,804 15

    Change,
    2004 to 2009
    Percentage

    Although the total number of visas issued in
    2009 was 755,000 (or 15 percent) greater than
    the number issued in 2004, the 2009 figure
    was nevertheless down by almost 800,000 (or
    12 percent) from the 2008 figure of 6.6 mil-
    lion visas issued. The decrease probably
    stemmed from the global recession, because
    fewer visas were issued for business, tourism,
    and employment. Over the 2004–2009
    period, the number of visas issued was gener-
    ally lower than it was from the late 1990s
    through 2001. The number of visas issued
    dropped from 7.6 million in 2001 to about
    5.0 million in 2003, partly because more strin-
    gent criteria for visa issuances were put in place
    following the 2001 terrorist attacks. �

    urce: Congressional Budget Office based on Department of State, Bureau of Consular Affairs, R

    Visa Office 2009, Table XVI; and Report of the Visa Office 2008, Table XVI.

    te: NAFTA = North American Free Trade Agreement; * = fewer than 500; ** = not shown bec
    number of visas issued.

    Includes executive, managerial, and specialized personnel with an international firm or corpora

    This category does not include families of treaty-related workers or families of international me
    representatives because the Department of Homeland Security and the Department of State do
    number of visas issued or admissions of family members separately.

    This category includes spouses, children, and dependents of legal permanent residents, as well
    of U.S. citizens.

    PORARY RESIDENTS AND VISITORS
    hibit 16.

    umber and Type of Temporary Visa
    04 to 2009

    ousands)

    a Types Visa Class
    porary Residents (Continued)

    Other temporary residents
    Expected long-term residentsc K, V
    Diplomats and other representatives A, G, N, NATO
    Victims of trafficking or other criminal activity T, U

    Subtotal

    Total

    TEM MIGRATION POLICY IN THE UNITED STATES: AN UPDATE 23

    CBO
    Ex

    A
    Vi
    (Th

    Ad
    Ad

    Vis
    B
    V
    V
    O

    Tem
    T
    v

    T

    estimated that there were 162.6 million
    orary admissions in 2009, although only
    t 5.8 million temporary visas were issued
    at year (see Exhibit 16). Admissions
    d visa issuances because most temporary
    ssions do not require a visa, and a single
    an last for several years and permit multi-

    ntries into the United States. The number
    al temporary admissions in 2009 was the

    st since DHS began reporting that data in
    and was about 10 percent less than the
    ber admitted in 2004.

    total number of admissions in 2009
    des roughly 126 million admissions of
    dians and Mexicans who could enter the

    hout a visa and who did not
    Arrival/Departure Record
    en they entered. That figure

    n nationals traveling for busi-
    d certain Mexican nationals

    sing Cards. (Because there is
    , DHS estimates the number
    egal temporary admissions to
    on the basis of its workload.)

    ludes 36.2 million admis-
    ationals who completed
    crease of 5.5 million (or
    2004 to 2009. About 90 per-
    issions were short-term
    d to stay in the United States
    ths, mostly for business or
    t were temporary residents,
    xchange visitors, or tempo-
    their families.)

    (Continued)
    Continued

    porary Residents
    emporary students and exchange
    isitors
    Students F-1, M-1 620 630 704 801 875 910 47
    Spouses and children of students F-2, M-2 36 34 37 41 43 42 16
    Exchange visitors J-1 322 343 385 443 459 413 28
    Spouses and children of exchange

    visitors J-2 39 40 42 46 47 46 19_____ _____ _____ _____ _____ _____
    Subtotal 1,017 1,046 1,168 1,331 1,424 1,411 39

    emporary workers
    Workers of distinguished merit

    and ability H-1B 387 407 432 462 410 339 -12
    Seasonal workers in agricultural

    services H-2A 22 26 a 46 87 173 150 576
    Seasonal workers in nonagricultural

    services H-2B, H-2R 87 103 a 134 155 110 57 -35
    Workers with extraordinary ability O-1, O-2 33 37 42 47 54 59 75
    Internationally recognized athletes or

    entertainers P-1, P-2, P-3 54 59 63 70 74 70 29
    Intracompany transfereesb L-1 314 312 321 364 383 333 6
    Treaty-related workers and spouses

    and children E 183 193 217 239 243 229 25
    Free trade agreement professionals, H-1B-1,

    shortage area nurses, and trainees H-1C, H-3 2 3 4 6 6 5 101
    International media workers and

    spouses and children I 37 42 41 44 46 44 19
    Cultural exchange workers Q-1, Q-2 2 3 2 2 3 3 21

    United States wit
    have to fill out an
    (an I-94 form) wh
    includes Canadia
    ness or tourism an
    with Border Cros
    no form to count
    of those types of l
    the United States

    The total also inc
    sions of foreign n
    I-94 forms, an in
    18 percent) from
    cent of those adm
    visitors, authorize
    for up to six mon
    tourism. (The res
    mostly students, e
    rary workers and

    PORARY RESIDENTS AND VISITORS IM

    hibit 17.

    d

    missions of Legal Temporary Residents and Visitors, by
    sa Class or Program, 2004 to 2009
    ousands)

    Visa Class or
    missions Program 2004 2005 2006 2007 2008 2009

    missions Without I-94 Forms 149,419 143,297 141,433 134,150 136,018 126,368 -15

    itors
    usiness and tourism B-1/B-2 11,538 12,191 13,943 16,017 16,424 15,089 31
    isa Waiver Program for tourism WT 13,380 13,463 12,828 13,470 15,099 14,273 7
    isa Waiver Program for business WB 2,223 2,250 2,355 2,486 2,546 1,977 -11
    thers (Transit visitors, commuter C, F-3, M-3,
    students, Guam Visa Waiver Program) GB, GT 427 844 1,072 1,329 1,365 1,206 182______ ______ ______ ______ ______ ______

    Subtotal 27,569 28,748 30,198 33,302 35,434 32,544 18

    Percentage

    2004 to 2009
    Change,

    DHS
    temp
    abou
    in th
    excee
    admi
    visa c
    ple e
    of leg
    lowe
    2003
    num

    The
    inclu
    Cana

    TEM IMMIGRATION POLICY IN THE UNITED STATES: AN UPDATE 24

    CBO
    Ex

    Ad
    Vi
    (Th

    So
    No
    a.
    b.
    c.
    d.
    e.
    Ad
    T
    O

    Unk

    Tot

    Est

    S

    The I-94 form, which is completed at a port of
    entry, shows the date the foreign national
    arrived in the United States and the date the
    authorized period of stay expires. Temporary
    residents and visitors with visas are required to
    fill out an I-94 form for entry into the United
    States, as are short-term visitors from countries
    participating in the Visa Waiver Program.
    Under that program, nationals of participating
    countries visiting the United States for 90 days
    or less may enter the country without a visa.
    However, they are required to complete an
    I-94 form upon arrival. Thirty-six countries
    currently participate, mostly European coun-
    tries, as well as Australia, Japan, and South

    ost of the 16 million admissions
    Visa Waiver Program come from the
    ingdom, Japan, Germany, and

    e largest number of temporary
    s in 2009 were from North America

    ion). That figure includes the 126
    missions of Canadians and Mexicans
    ot need a visa to enter the United

    e other 9 million admissions were of
    y residents and visitors who did need
    filled out I-94 forms. Of the 36.2
    missions of temporary residents and

    ho completed an I-94 form, the larg-
    was citizens of European countries,

    illion admissions (or 40 percent).
    tries with the largest shares were
    8 percent) and the United Kingdom

    nt). �

    urce: Congressional Budget Office based on Department of Homeland Security, Office of Immigration
    Statistics, 2009 Yearbook of Immigration Statistics (August 2010), Table 25.

    te: NAFTA = North American Free Trade Agreement; * = fewer than 500; ** = not shown because of small
    number of admissions; DHS = Department of Homeland Security.

    DHS recorded 129,327 H-2 admissions for 2005 but did not distinguish between H-2A and H-2B. The numbers
    reported for those categories for 2005 are CBO’s estimates based on historical shares of H-2 admissions.

    Includes executive, managerial, and specialized personnel with an international firm or corporation.

    Excludes families of treaty-related workers or families of international media representatives because DHS
    and the Department of State do not report the number of visas issued or admissions of family members
    separately.

    Includes spouses, children, and dependents of legal permanent residents, as well as fiancé(e)s of U.S. citizens.

    Comprises people whose I-94 Arrival/Departure Records are incomplete or unreadable.

    Diplomats and other representatives A, G, N, NATO 277 287 293 303 315 323 17
    Victims of trafficking or other criminal

    activity T, U * * * * * * **____ ____ ____ ____ ____ ____
    Subtotal 381 372 370 379 374 376 -1

    nowne 307 264 222 205 200 196 -36

    al Admissions With I-94 Forms 30,781 32,003 33,667 37,150 39,382 36,232 18

    imated Total Admissions 180,200 175,300 175,100 171,300 175,400 162,600 -10

    Korea. (M
    under the
    United K
    France.)

    By far, th
    admission
    (135 mill
    million ad
    who did n
    States; th
    temporar
    a visa and
    million ad
    visitors w
    est share
    with 15 m
    The coun
    Mexico (1
    (13 perce

    PORARY RESIDENTS AND VISITORS

    hibit 17. Continued

    missions of Legal Temporary Residents and Visitors, by
    sa Class or Program, 2004 to 2009
    ousands)
    Visa Class or
    missions Program 2004 2005 2006 2007 2008 2009

    emporary workers (continued)
    Religious workers R-1 22 22 23 25 25 17 -20
    NAFTA professional workers TN 66 65 74 85 88 99 50_____ _____ _____ _____ _____ _____

    Subtotal 1,210 1,272 1,399 1,585 1,615 1,404 16
    H-4, L-2, O-3,

    workersc P-4, Q-3, R-2, TD 298 300 310 347 334 299 1

    ther temporary residents
    Expected long-term residentsd K, V 104 85 77 76 59 53 -49

    2004 to 2009

    Percentage
    Change,

    pouses and children of temporary

    TEM IMMIGRATION POLICY IN THE UNITED STATES: AN UPDATE 25

    CBO
    Ex
    A
    So
    a.

    To work temporarily in the United States,
    foreign nationals need a specific visa, based on
    the type of work they will be doing. For most
    types of temporary workers, the applicant’s
    prospective employer is required to complete a
    petition; in some cases, a labor certification
    from the Department of Labor is also required.
    The U.S. Citizenship and Immigration Ser-
    vices must approve the petition before the
    applicant can request a visa.

    In 2009, about 1.4 million temporary workers
    were admitted (see Exhibit 17). The largest
    numbers were for workers of distinguished
    merit and ability (339,000, or 24 percent of
    worker admissions) and intracompany trans-

    00, or 24 percent), employees of
    l companies who were temporar-
    to the United States and received

    istinguished merit and ability
    ntry with H-1B temporary work
    visas are issued to workers who
    pecialized knowledge in a field
    eering, physical sciences, social
    icine, education, law, or the arts.
    an H-1B visa, an employer must
    Department of Labor and USCIS
    the worker. Holders of H1-B visas
    st possess a minimum of a
    gree. However, requisite experi-
    stitute for education, depending
    dual’s circumstances. �

    urce: Congressional Budget Office based on Department of Homeland Security, Office of Immigration
    Statistics, 2009 Yearbook of Immigration Statistics (August 2010), Table 25.

    Includes families of foreign media representatives (I) and treaty-related workers (E) because the Department
    of Homeland Security does not separately report admissions of those workers and their family members.

    Intracompany
    Transferees (L-1)

    (24%)

    Treaty-Related
    Workers (E)

    (16%)

    Seasonal Workers
    (H-2A, H-2B, H-2R)

    (15%)

    a

    ferees (333,0
    multinationa
    ily relocated
    L-1 visas.

    Workers of d
    enter the cou
    visas. Those
    have highly s
    such as engin
    sciences, med
    To apply for
    petition the
    on behalf of
    generally mu
    bachelor’s de
    ence can sub
    on the indivi

    PORARY RESIDENTS AND VISITORS

    hibit 18.

    dmissions of Temporary Workers, by Visa Class, 2009

    Workers of
    Distinguished Merit
    and Ability (H-1B)

    (24%)

    Workers with
    Extraordinary Ability

    or International
    Recognition
    (O-1, O-2,

    P-1, P-2, P-3)
    (9%)

    Others (H-1B-1,
    H-1C, H-3, I,

    Q-1, Q-2, R-1, TN)
    (12%)

    a

    CBO

  • Naturalization
  • NAT IMMIGRATION POLICY IN THE UNITED STATES: AN UPDATE 27

    CBO
    Ex
    R

    Ch

    Ap

    al
    cea

    Time in
    District/Stateb

    Is

    ths Three months

    Ha
    the
    for

    ths Three months

    Wa
    mo

    quired Not required

    Wa
    or
    dis

    Pe
    Wo
    Pe

    Is
    dur

    Is
    U.S

    Is
    rel
    org

    Is
    rec
    firm
    for
    pub
    Sta

    Naturalization is the process by which a legal
    permanent resident can obtain U.S. citizen-
    ship. To be naturalized, an applicant must
    fulfill certain requirements as set forth in the
    Immigration and Nationality Act. In general,
    any legal permanent resident who is at least
    18 years old and who has maintained the
    specified period of continuous residence and
    presence in the United States can apply for
    naturalization. By law, to accept an individual
    for naturalization, U.S. Citizenship and Immi-
    gration Services must verify that the applicant
    is of “good moral character”; has knowledge of
    U.S. history, government, and the English lan-
    guage; and is willing to support and defend the

    nd its Constitution.

    y apply for naturalization after
    rs of permanent residency.
    ps, including those who have

    .S. military, the requirements
    residence and physical presence
    ed or waived. The requirements
    cy and local residency also
    to an applicant’s particular

    Continued

    s in the armed forces for less than one year,
    was in the armed forces for more than one year and
    charged more than six months earlierc

    Five years Five years 30 months Three months

    rformed active military duty during World War I,
    rld War II, the Korean War, the Vietnam War, the

    rsian Gulf War, or on or after September 11, 2001

    Not required

    Not required Not re

    quired Not required

    a widow or widower of a U.S. citizen who died
    ing active duty

    Must be a
    permanent
    resident at the
    time of interview

    Not required Not required Not required

    an employee or an individual under contract to the
    . governmentc

    Five years Five years 30 months Three months

    performing ministerial or priestly functions for a
    igious denomination or an interdenominational
    anization with a valid U.S. presencec

    Five years Five years 30 months Three months

    employed by an American institution of research
    ognized by the Attorney General, an American-owned
    or corporation engaged in the development of

    eign trade and commerce for the United States, or a
    lic international organization of which the United
    tes is a member by law or treatyc

    Five years Five years 30 months Three months

    United States a

    Most LPRs ma
    three to five yea
    For certain grou
    served in the U
    for continuous
    may be shorten
    for U.S. residen
    vary according
    situation. �

    URALIZATION

    hibit 19.

    equirements for Naturalization
    Preconditions

    aracteristics of the
    plicant

    Time as
    Resident

    Continuous
    Residencea

    Physic
    Presen

    a permanent resident with no special circumstances Five years Five years 30 mon

    s been married to and living with a U.S. citizen for
    past three years, and spouse has been a U.S. citizen
    the past three years

    Three years Three years 18 mon

    s in the armed forces or discharged less than six
    nths earlier, and served for at least one year

    Must be a
    permanent
    resident at the
    time of interview
    Not required Not re

    NATURALIZATION IMMIGRATION POLICY IN THE UNITED STATES: AN UPDATE 28

    CBO

    Exhibit 19. Continued

    Requirements for Naturalization

    So
    No
    a.
    b.
    c.

    Preconditions
    Characteristics of the
    Applicant

    Time as
    Resident
    Continuous
    Residencea

    Physical
    Presencea

    Time in
    District/Stateb

    Is a spouse of a U.S. citizen who is a member of
    the armed forces, or in one of the three previous
    categories, and who is working abroad under an
    employment contract with a qualifying employer
    for at least one year (including the time at which
    the applicant naturalizes)

    Must be a
    permanent
    resident at the
    time of interview
    Not required Not required Not required

    Is a U.S. national (a noncitizen who owes permanent
    allegiance to the United States, such as an American
    Samoan) and has become a resident of any state, and
    oth

    Not required

    The same
    requirements
    as any other

    The same
    requirements
    as any other

    Three months,
    or not required,
    depending on

    Ser
    on
    by

    Ha
    U.S
    int
    com

    urce: Congressional Budget Office based on Department of Homeland Security, U.S. Citizenship and
    Immigration Services, A Guide to Naturalization (August 2010).

    te: In addition to the requirements listed above, all applicants must be at least 18 years of age.

    Physical presence means not leaving the United States during the period. Trips outside of the United States for
    six months or longer constitute a break in continuous U.S. residency.

    Most applicants must be a resident of the district or state in which they are applying.

    Certain exceptions are made for time spent out of the country for these applicants.

    erwise qualifies for naturalizationc

    applicant for
    naturalization,
    depending on

    qualifications

    applicant for
    naturalization,
    depending on
    qualifications
    qualifications

    ved on a vessel operated by the United States or
    a vessel registered in the United States and owned
    U.S. citizens or a U.S. corporationc

    Five years Five years 30 months Three months

    s been employed for five years or more by a
    . nonprofit organization that promotes the

    erests of the United States abroad through the
    munications media

    Five years Not required Not required Not required

    NAT IMMIGRATION POLICY IN THE UNITED STATES: AN UPDATE 29

    CBO
    Ex

    P
    (Th

    So

    No fied.

    a.
    b.
    Re

    Afr
    As
    Eu
    No
    Oc
    So
    Un

    About 744,000 people became naturalized
    U.S. citizens in 2009. Of that total, the largest
    share was born in Mexico (15 percent), and
    the second largest share was born in India
    (7 percent). Because of variations in the pace
    of processing applications at the Department
    of Homeland Security, the number of people
    naturalized fluctuates from year to year; for
    that reason, averages over time provide a more
    accurate indication of the number of natural-
    izations. Between 2005 and 2009, the number
    of naturalizations was 23 percent higher, on
    average, than it was from 2000 to 2004. Over
    the 2004–2009 period, the regions of birth
    that experienced the largest percentage increase
    in naturalizations were Africa, with a 75 per-
    cent increase, and North America, with a 66
    percent increase.

    According to the Department of Homeland
    Security, people naturalized in 2009 spent a
    median of seven years as legal permanent resi-
    dents before becoming U.S. citizens. Process-
    ing backlogs can delay the transition in status
    for many people. In July 2007, for example, a
    surge in applications before an 80 percent
    increase in the naturalization fee resulted in a
    processing backlog at USCIS. By the time that
    backlog was finally lessened in 2008, more
    than 1 million people had been naturalized in
    that year. As of the end of 2009, approximately
    230,000 applicants for naturalization still
    awaited a decision, which is lower than the
    number of applications left pending at the end
    of any of the previous five years. �

    Statistics (August 2010), Table 21.

    tes: People categorized as unknown are those whose region of birth cannot be veri

    ** = not shown because of small number of naturalizations.

    North America includes Central America.
    Oceania includes Australia, New Zealand, and the islands of the South Pacific.
    URALIZATION

    hibit 20.

    eople Naturalized, by Region of Birth, 2004 to 2009
    ousands)

    urce: Congressional Budget Office based on Department of Homeland Security, 2009 Yearbook of Immigration

    gion of Birth 2004 2005 2006 2007 2008 2009

    ica 35 39 50 42 54 60 75
    ia 224 244 264 244 330 276 23
    rope 84 92 101 82 109 90 7
    rth Americaa 151 181 223 241 462 250 66
    eaniab 4 4 4 3 5 4 11
    uth America 39 45 60 48 85 62 59
    known 1 1 1 1 1 1 **____ ____ ____ ____ ______ ____
    Total 537 604 703 660 1,047 744 38

    Percentage change,
    2004 to 2009

    CBO

  • Enforcement of Immigration Policy
  • ENF TION POLICY IN THE UNITED STATES: AN UPDATE 31

    CBO
    Ex

    E
    (Th

    So

    No s.
    ted as

    y not
    of

    the
    once

    Ap

    No
    Exp

    Vo

    rtment of Homeland Security, which
    ble for the enforcement of immigra-
    reported 613,000 apprehensions in
    iolations of those laws. Most appre-
    ere concentrated at the border;
    (or 556,000) were conducted by
    ustoms and Border Protection’s
    rder Patrol agents. The number of

    ions reported by DHS in 2009 was
    alf the number reported in 2004—
    use of changes in reporting practices

    in 2007. Before 2007, when DHS
    apprehended individuals between
    grams within the department, it
    ach such transfer as an apprehen-

    sion. As of 2007, DHS no longer includes
    those transfers in its data on apprehensions,
    and as of 2008 it also does not include appre-
    hensions by state and local law enforcement
    agencies. Some other reasons for the decline
    after 2006 may be that fewer people are
    attempting to enter the United States illegally
    because of increased border security or because
    of reduced employment opportunities in the
    United States.

    Some foreign nationals who are apprehended
    attempting to enter the country illegally or
    who have violated conditions of their
    immigration status are subject to removal pro-
    ceedings; others leave voluntarily. Voluntary
    returns are most common when no criminal
    violations are evident. In 2009, 580,000 peo-
    ple were allowed to return to another country
    voluntarily, about half as many as in 2004.
    (Although various estimates exist, there is no
    way to count the total number of individuals
    who enter the country illegally, are not appre-
    hended, and leave voluntarily.) �

    urce: Congressional Budget Office based on Department of Homeland Security, Office of Immigration
    Statistics, Immigration Enforcement Actions: 2009 (August 2010), Table 1; and 2009 Yearbook of
    Immigration Statistics (August 2010), Tables 35 and 36.

    tes: The sum of all removals and voluntary returns may not equal total apprehensions for various reason
    Some people who are allowed to withdraw their application for admission at a port of entry are coun
    voluntary returns but are not counted as apprehensions. In addition, removal proceedings for some
    apprehended people may take months or years to resolve, so a person apprehended in one year ma
    be removed until a later year. Finally, other apprehended individuals may be granted an adjustment
    status following an immigration hearing.

    The numbers of apprehensions, removals, and returns are counts of events, not individuals. That is,
    same individual can be counted as having been arrested, removed, or voluntarily returned more than
    in the same year.

    ORCEMENT OF IMMIGRATION POLICY IMMIGRA

    hibit 21.

    nforcement Efforts, 2004 to 2009
    ousands)

    2004 2005 2006 2007 2008 2009

    prehensions 1,264 1,291 1,206 961 792 613 -52

    nexpedited Removals 190 159 170 213 245 287 51
    edited Removals 51 88 111 106 113 107 109____ ____ ____ ____ ____ ____

    Total removals 241 246 281 319 359 393 63

    luntary Returns 1,167 1,097 1,043 891 811 580 -50

    Percentage Change,
    2004 to 2009

    Removals and Returns

    Apprehensions

    The Depa
    is responsi
    tion laws,
    2009 for v
    hensions w
    91 percent
    the U.S. C
    (CBP’s) Bo
    apprehens
    less than h
    partly beca
    beginning
    transferred
    certain pro
    recorded e

    ENF IGRATION POLICY IN THE UNITED STATES: AN UPDATE 32

    CBO
    Ex
    R

    So tion

    No years was
    ’s 2006

    a. 009 exclude
    those years
    iminals

    No

    Cri

    No
    Cri

    encies within DHS share the authority
    ce immigration law. CBP is responsible
    rmining the admissibility of all arriving
    als at designated U.S. ports of entry

    apprehension of people attempting to
    nd and coastal borders without legal
    zation. U.S. Immigration and Cus-
    forcement (ICE) is responsible for
    g immigration laws within the borders
    nited States. In 2009, ICE removed
    foreign nationals, and CBP removed

    .

    ls increased by 63 percent between
    d 2009. Expedited removals (which

    allow immigration officers to order the
    removal of a foreign national without a court’s
    involvement) more than doubled during the
    period, and standard removals (those con-
    ducted before an immigration judge) rose by
    about 50 percent (see Exhibit 21). In 2009,
    people from Mexico accounted for nearly
    75 percent of the 107,000 expedited removals.

    In 2009, 265,000 removals (or 67 percent)
    were for noncriminal reasons, such as a lack of
    proper documentation or a previous removal
    from the country. The remaining 33 percent of
    removals (128,000) in 2009 were based on
    criminal activity, most commonly illegal drug
    activity, traffic offenses, or immigration-related
    violations. CBP did not record whether an
    individual removed in 2008 or 2009 was a
    criminal. Because all CBP removals in those
    years are counted as noncriminal removals, the
    number of criminals removed may be under-
    reported for 2008 and 2009. �

    urce: Congressional Budget Office based on Department of Homeland Security, Office of Immigra
    Statistics, 2009 Yearbook of Immigration Statistics (August 2010), Table 38.

    tes: According to the Office of Immigration Statistics, the annual number of removals for previous
    revised in 2006; also, the category Administrative Reason for Removal that was shown in CBO
    report is no longer available for all Department of Homeland Security removals.

    n.a. = not applicable; CBP = Customs and Border Protection.

    Refers to people removed because of a criminal conviction. However, the numbers for 2008 and 2
    criminals removed by CBP because the agency did not identify whether an individual removed in
    was a criminal. Because all CBP removals are counted as noncriminal removals, the number of cr
    removed may be underreported in 2008 and 2009.

    ORCEMENT OF IMMIGRATION POLICY IMM

    hibit 22.

    easons for Removal, 2004 to 2009

    2004 2005 2006 2007 2008 2009

    ncriminal 148 154 182 217 254 265 79

    minala 92 92 98 102 105 128 39____ ____ ____ ____ ____ ____
    Total 241 246 281 319 359 393 63

    ncriminal 62 63 65 68 71 67 n.a.

    minala 38 37 35 32 29 33 n.a.____ ____ ____ ____ ____ ____
    Total 100 100 100 100 100 100 n.a.

    2004 to 2009
    Percentage Change,

    Removals (Thousands)

    Percentage of Yearly Total

    Two ag
    to enfor
    for dete
    individu
    and the
    cross la
    authori
    toms En
    enforcin
    of the U
    298,000
    95,000

    Remova
    2004 an

    • Notes and Definitions
    • Preface

    • List of Exhibits
    • Immigration Policy in the United States: An Update
    • Legal Permanent Residents
      Temporary Residents and Visitors
      Naturalization
      Enforcement of Immigration Policy
      Legal Permanent Residents
      Naturalization
      Temporary Residents and Visitors
      Enforcement of Immigration Policy
      Exhibit 1. Categories of Admission of Legal Permanent Residents, 2009
      Exhibit 2. Admissions of Legal Permanent Residents, by Category, 2009
      Exhibit 3. Admissions of Legal Permanent Residents, by Method of Admission, 2004 to 2009
      Exhibit 4. Admissions of Legal Permanent Residents, by Region of Birth, 2009
      Exhibit 5. Admissions of Legal Permanent Residents, by Category, 2004 to 2009
      Exhibit 6. Numerical Ceilings on Family-Based Visas Issued
      Exhibit 7. Family-Based Admissions of Legal Permanent Residents, 2004 to 2009
      Exhibit 8. Numerical Ceilings on Employment-Based Visas Issued
      Exhibit 9. Employment-Based Admissions of Legal Permanent Residents, 2004 to 2009
      Exhibit 10. Numerical Ceiling on Diversity Program Visas Issued
      Exhibit 11. Diversity Program Admissions of Legal Permanent Residents, by Region of Birth, 2004 to 2009
      Exhibit 12. Numerical Ceilings on Humanitarian Visas Issued
      Exhibit 13. Humanitarian Admissions of Legal Permanent Residents, 2004 to 2009
      Exhibit 14. Types of Visas Issued for Temporary Residents and Visitors, 2009
      Exhibit 15. Visas Issued for Temporary Residents and Visitors, by Visa Class, 2009
      Exhibit 16. Number and Type of Temporary Visas Issued, by Visa Class, 2004 to 2009
      Exhibit 17. Admissions of Legal Temporary Residents and Visitors, by Visa Class or Program, 2004 to 2009
      Exhibit 18. Admissions of Temporary Workers, by Visa Class, 2009
      Exhibit 19. Requirements for Naturalization
      Exhibit 20. People Naturalized, by Region of Birth, 2004 to 2009
      Exhibit 21. Enforcement Efforts, 2004 to 2009
      Exhibit 22. Reasons for Removal, 2004 to 2009

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