Permanent Legal Immigration to the United States: Policy Overview

Four major principles currently underlie U.S. policy on legal permanent immigration: the reunification of families, the admission of immigrants with needed skills, the protection of refugees, and the diversity of admissions by country of origin. These principles are embodied in federal law, the Immigration and Nationality Act (INA) first codified in 1952. The Immigration Amendments of 1965 replaced the national origins quota system (enacted after World War I) with per-country ceilings, and the statutory provisions regulating permanent immigration to the United States were last revised significantly by the Immigration Act of 1990. The critiques of the permanent legal immigration system today are extensive, but there is no consensus on the specific direction the reforms of the law should take. As the Congress considers comprehensive immigration reform (CIR), many maintain that revision of the legal immigration system should be one of the major components of a CIR proposal. This primer on legal permanent immigration law, policies, and trends provides a backdrop for the policy options and debates that may emerge as Congress considers a revision of the legal immigration system

Permanent Employment-Based Immigration and the Per-country Ceiling

[Excerpt] The Immigration and Nationality Act (INA) specifies a complex set of categories and numerical limits for admitting lawful permanent residents (LPRs) to the United States that includes economic priorities among the admission criteria. These priorities are addressed primarily through the employment-based immigration system, which consists of five preference categories. Each preference category has specific eligibility criteria; numerical limits; and, in some cases, distinct application processes. The INA allocates 140,000 visas annually for all five employment-based LPR categories, roughly 12% of the 1.1 million LPRs admitted in FY2017. The INA further limits each immigrant-sending country to an annual maximum of 7% of all employment-based LPR admissions, known as the per-country ceiling, or “cap.” Prospective employment-based immigrants follow two administrative processing trajectories depending on whether they apply from overseas as “new arrivals” seeking LPR status or from within the United States seeking to adjust to LPR status from a temporary status that they currently possess. While some prospective employment-based immigrants can self-petition, most require U.S. employers to petition on their behalf. In both cases, the Department of State (DOS) is responsible for allocating the correct number of employment-based immigrant “visa numbers” or slots, according to numerical limits and the per-country ceiling specified in the INA. This report reviews the employment-based immigration process by examining six pools of pending petitions and applications, representing prospective employment-based immigrants and any accompanying family members at different stages of the LPR process. While four of these pools represent administrative processing queues, two result from the INA’s numerical limitations on employment-based immigration and the per-country ceiling

Rural Hispanics At A Glance

Rural Hispanics at a Glance provides the latest information from the 2000 Census and other Federal data sources about Hispanics living in nonmetro counties. This six-page brochure highlights growth and geographic dispersion, demographic characteristics, and the most recent indicators of social and economic conditions for this population. It emphasizes rapid Hispanic population growth, particularly in new rural destinations of the Midwest and Southeast, and it illustrates differences in age structure between Hispanics and non-Hispanic Whites. The report also provides data on important demographic, labor market, income, poverty, and social service indicators for nonmetro Hispanics. Using a visually interesting format that incorporates text bullets with charts and maps, it quickly provides information on key indicators of the rural Hispanic population to assist public officials, community organizations, private decision makers and others in their efforts to enhance the economic opportunities and quality of life for this rapidly growing population.Farm Structure, Employment and Wages, Agribusiness, Food processing, Rural Policy Food and Nutrition, Poverty and Economy, Rural America, Rural Income, Rural Welfare, Labor and Education, Rural Population, and Rural Migration, ERS, USDA, Agribusiness, Agricultural and Food Policy, Food Consumption/Nutrition/Food Safety,

A Primer on U.S. Immigration Policy

[Excerpt] This report provides a broad overview of U.S. immigration policy. The first section addresses policies governing how foreign nationals enter the United States either to reside permanently or to stay temporarily. Related topics within this section include visa issuance and security, forms of quasi-legal status, and naturalization. The second section discusses enforcement policies both for excluding foreign nationals from admission into the United States, as well as for detaining and removing those who enter the country unlawfully or who enter lawfully but subsequently commit crimes that make them deportable. The section also covers worksite enforcement and immigration fraud. The third section addresses policies for unauthorized aliens residing in the United States. While intended to be comprehensive, this primer may omit some immigration-related topics. It does not discuss policy issues or congressional concerns about specific immigration-related policies and programs

Permanent Legal Immigration to the United States: Policy Overview

[Excerpt] Four major principles currently underlie U.S. policy on legal permanent immigration: the reunification of families, the admission of immigrants with needed skills, the protection of refugees and asylees, and the diversity of immigrants by country of origin. These principles are embodied in the Immigration and Nationality Act (INA) and are reflected in different components of permanent immigration. Family reunification occurs primarily through family sponsored immigration. U.S. labor market contribution occurs through employment based immigration. Humanitarian assistance occurs primarily through the U.S. refugee and asylee programs. Origin country diversity is addressed through the Diversity Immigrant Visa

Profile of Hired Farmworkers, A 2008 Update

Hired farmworkers make up a third of the total agricultural labor force and are critical to U.S. agricultural production, particularly in labor-intensive sectors such as fruits and vegetables. The hired farmworker labor market is unique because it includes a large population of relatively disadvantaged and often unauthorized workers, a portion of whom migrate to, and within, the United States. Recent economic and demographic trends, such as changing agricultural production methods that permit year-round employment, expanding immigrant populations in nonmetropolitan counties, and growing concerns over U.S. immigration policies, have elicited increased interest in hired farmworkers. This 2008 profile serves as an update to the 2000 Economic Research Service analysis of the 1998 Current Population Survey using current data with expanded sections on legal status, poverty, housing, and use of social services

Profile of Hired Farmworkers, A 2008 Update

Hired farmworkers make up a third of the total agricultural labor force and are critical to U.S. agricultural production, particularly in labor-intensive sectors such as fruits and vegetables. The hired farmworker labor market is unique because it includes a large population of relatively disadvantaged and often unauthorized workers, a portion of whom migrate to, and within, the United States. Recent economic and demographic trends, such as changing agricultural production methods that permit year-round employment, expanding immigrant populations in nonmetropolitan counties, and growing concerns over U.S. immigration policies, have elicited increased interest in hired farmworkers. This 2008 profile serves as an update to the 2000 Economic Research Service analysis of the 1998 Current Population Survey using current data with expanded sections on legal status, poverty, housing, and use of social services.Hired farmworkers, farm labor, agriculture, migrant, immigrant, farm structure, demography, legal status, employment, poverty, housing, social services, health, Agricultural and Food Policy, Community/Rural/Urban Development, Crop Production/Industries, Farm Management, Financial Economics, Labor and Human Capital, Production Economics,

Agricultural Employment Patterns of Immigrant Workers in the United States

Despite of the important role international migration fills in the United States’ labor-intensive agricultural sector, few studies have addressed the individual characteristics and circumstances surrounding entry and exit by farm laborers. With increasing public attention on international migrant labor, policymakers have a need to understand the labor market patterns of these workers if they are to formulate appropriate immigration reforms, including temporary worker programs geared towards agriculture. In this analysis, we model the likelihood of entering agricultural employment by migrants to the United States. Using data from the Mexican Migration Project we find that migrants with higher levels of education and a greater command of English are less likely to work as agricultural laborers. Those that do enter agricultural occupation stay in the United States for shorter periods of time per trip than those who enter non-agricultural occupation. In future analysis we will attempt to model the demand for agricultural farm work as a determinant of the decision by migrants to enter the U.S. market for hired farm labor.Agricultural Employment, Mexican Migration, Occupational Choice, Agribusiness, Agricultural and Food Policy, Farm Management, International Relations/Trade, Labor and Human Capital, Production Economics,

The President’s Immigration Accountability Executive Action of November 20, 2014: Overview and Issues

[Excerpt] On November 20, 2014, President Obama announced his Immigration Accountability Executive Action which revises some U.S. immigration policies and initiates several programs, including a revised border security policy for the Southwest border; deferred action programs for some unauthorized aliens; revised interior enforcement priorities; changes to aid the entry of skilled workers; the promotion of immigrant integration and naturalization; and several other initiatives the President indicated would improve the U.S. immigration system. The most controversial among these provisions will grant deferred action to as many as 5 million unauthorized aliens. The President announced the executive action through ten Department of Homeland Security (DHS) memoranda, two White House memoranda, and three Department of Labor (DOL) fact sheets. According to the President, the actions were taken in response to the absence of legislation addressing major problems within the immigration system. The President has stated that his actions are temporary, and that his successor can rescind them. Those opposed to the executive actions argue they were taken largely for political purposes. They contend that once granted, such temporary measures would be difficult to revoke. Separately, a debate has arisen as to whether the President has the legal authority to take such actions, with the Administration and others arguing the President’s actions fall within his authority, and many in Congress arguing the President has overstepped it. That debate and its attendant legal questions are beyond the scope of this report. As the Administration proceeds to implement the executive actions, some in Congress have vowed to halt some or all of them

U.S. Citizenship and Immigration Services (USCIS) Functions and Funding

This report begins with a brief overview of USCIS functions. It then describes the agency's budgetary structure, including its three primary fee accounts for processing user fees. It discusses how the agency calculates user fees for particular immigration services and benefits. The report closes with a discussion of issues for Congress