CONG
R
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
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
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m
is
ion
erm
erm
erm
erm
n
Fa
ions
n
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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
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ident
ident
ident
d
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erma
t-Bas
egal
gram
gal P
n
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Perm
L
ent
R
s, by
s, by
s, by
s, by
as Iss
nent
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Perm
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erma
sas Is
anen
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eside
Categ
Meth
Regio
Categ
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ed
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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
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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
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dents
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ssued
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ssions
reme
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Immi
ceme
ns for
and
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of L
of T
nts fo
uraliz
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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
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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.
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
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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
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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
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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
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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
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
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
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
Preface
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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