DOCSLIB.ORG

The Labor Economics Case for the Diversity Visa Lottery

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Labor Economics Case for the Diversity Visa Lottery Stanford Law Review Online Volume 71 October 2018 ESSAY The Labor Economics Case for the Diversity Visa Lottery Patrick Kennedy* Introduction Congress faces tough choices in the coming weeks and months about the design of our immigration system. Among those choices: the fate of the Diversity Visa (DV) lottery program, which grants up to 50,000 visas each year to emigrants from countries that do not traditionally send many people to the United States. President Trump has placed the DV program squarely in his crosshairs, claiming the lottery allows other countries to send “their worst people.”1 Furthermore, two of the five immigration proposals that were before Congress in recent months, but have not been acted upon lately, would eliminate the DV program entirely.2 The Goodlatte bill would eliminate the lottery without replacing it, in effect reducing the number of immigrants that come from low-admission areas every year by at least 50,000.3 The Grassley/Cotton bill would also eliminate the lottery but replace it with increases in family-based and employment-based visas.4 * J.D. Candidate, Stanford Law School, 2019. PhD Candidate, University of Illinois- Chicago Department of Economics, 2019. Thanks to my family for reading and suggesting changes to the piece, especially Denise DeArmond, Sean, Chris, Michael, and Joan Kennedy. Thanks to the Stanford Law Review Online staff for their helpful comments and guidance, especially David Hoyt and Andra Lim. 1. Rafael Bernal, What Is the Diversity Visa Lottery?, THE HILL (Jan. 28, 2018, 7:30 AM EST), https://perma.cc/EE9D-ZB35. 2. See Lisa Desjardins, Every Immigration Proposal in One Chart, PBS NEWSHOUR (updated Feb. 13, 2018, 6:17 PM EDT), https://perma.cc/C7RF-7UUA. 3. See id. 4. While it is tempting to assume this would not restrict the number of legal immigrants eligible for visas, the bill also restricts who is eligible for a family-based visa. See id. 159 The Labor Economics Case for the Diversity Visa Lottery 71 STAN. L. REV. ONLINE 159 (2018) Authors writing in many major political publications have spilled ink5 describing the diplomatic benefits and positive self-selection spurred6 by immigration programs like the DV, but there is a more fundamental economic case for keeping the DV lottery in place: Immigrants move to places where other immigrants live, so establishing a mechanism to encourage immigration from countries with few immigrants is critical. Without the DV program, America will lose an important advantage in the global war for talent over the long run. I. The Diversity Lottery: What Is It and Who Benefits? The Immigration Act of 1990 established the DV lottery system,7 which grants lawful permanent residence visas to up to 50,000 applicants per year from “low-admission” countries.8 Low-admission countries must have sent fewer than 50,000 immigrants to the U.S. in the five preceding fiscal years.9 Countries like Mexico, Canada, India, and China thus do not qualify for the DV lottery in a typical year.10 Instead, the program is targeted toward countries such as New Zealand, Angola, Mongolia, Libya, and many others.11 Prospective immigrants apply online or at an embassy, with a hard deadline set in advance each year. There is no cap on the number of applicants. Lottery numbers are then pulled from the applications submitted before the deadline. Unlike the employment-based and family-based preference categories, DV applicants cannot join a long backlog and wait their turn for a visa to become available; instead, applicants must reenter the lottery each year and hope that their number is pulled. 5. See, e.g., Abed A. Ayoub, In Targeting Diversity Visa Program, Trump Gets it Wrong Again, THE HILL (Nov. 2, 2017, 1:20 PM EDT), https://perma.cc/LGU8-4JQZ; Dara Lind & P.R. Lockhart, The Diversity Visa Trump Hates, Explained, VOX (updated Dec. 15, 2017, 1:29 PM EST), https://perma.cc/4E53-96HY. 6. Immigration produces a sorting function, in that people most likely to choose to migrate are those with high levels of unobservable motivation or similar characteristics, making them the most likely to succeed in business. See Barry R. Chiswick, Are Immigrants Favorably Self-Selected? An Economic Analysis 1, 2-7 (IZA Discussion Paper No. 131, 2000) (“[E]conomic migrants tend to be favorably ‘self-selected’ for labor market success. That is, economic migrants are described as tending, on average, to be more able, ambitious, aggressive, entrepreneurial, or otherwise more favorably selected than similar individuals who choose to remain in their place of origin.”). 7. Pub. L. 101-694, §§ 131, 104 Stat. 4978, 4997-99 (codified as amended at 8 U.S.C. § 1153(c) (2016)). 8. See 8 U.S.C. § 1153(c)(1)(B)-(E) (2016). 9. Id. § 1153(c)(1)(A)-(B). This is updated annually based on the previous five fiscal years. 10. See, e.g., Visa Bulletin for August 2018, U.S. DEP’T STATE (July 10, 2018), https://perma.cc/M9DX-NJP3. 11. See U.S. Dep't of State, Instructions for the 2019 Diversity Immigrant Visa Program (DV- 2019) 16-18 (2017), https://perma.cc/PA4C-ZMRJ. 160 The Labor Economics Case for the Diversity Visa Lottery 71 STAN. L. REV. ONLINE 159 (2018) Despite the Trump administration’s rhetoric, winning the lottery alone does not guarantee admission to the U.S.—it only makes one eligible to continue the visa application process.12 When an immigrant’s number is called, so to speak, they proceed to the nearest U.S. embassy or consulate to submit their supporting documentation.13 The prospective immigrant must then show she has either a high school diploma (or the equivalent), or at least two years of experience working in an occupation that requires at least two years of training.14 But the inquiry does not end there. Next, the review for suspected terrorist ties, criminal record, communicable illnesses, and the like is conducted. Courts grant consular officials significant deference in making these determinations, in a doctrine called “consular nonreviewability.”15 All this goes to show: The Trump administration’s description of the program does not comport with reality. II. What Role Does the DV Lottery Play in the Labor Market? The story of immigration is not just about family reunification; instead, more than half of the immigrant visa categories deal with employment-based or family-based eligibility.16 In other words, strengthening the labor market is one of the core goals of the immigration system.17 Many have dismissively suggested that the DV program has no role to play in this regard,18 but this is not the case.19 The DV lottery creates migration flows from areas where the 12. Diversity Visa Program—If You Are Selected, U.S. DEP’T STATE, https://perma.cc/GJ85-KRCF (archived Sept. 14, 2018). 13. The documents must be brought to the “visa interview at the U.S. Embassy or Consulate.” Diversity Visa Program—Prepare Supporting Documents, U.S. DEP’T STATE, https://perma.cc/XXF4-QLHP (archived Sept. 14, 2018). 14. See 8 U.S.C. § 1153(c)(2). 15. See Kleindienst v. Mandel, 408 U.S. 753, 770 (1972) (refusing to look behind the executive branch’s decision regarding whether to grant a visa). 16. See generally 8 U.S.C. § 1101(15) (laying out the categories of immigrant visa, nearly all of which are either based on employment or family relationships, with the exception of the diversity visa and several other smaller programs). For a more accessible format, see Directory of Visa Categories, U.S. DEP’T STATE, https://perma.cc/488S-HFDH (archived Sept. 14, 2018). 17. JEB BUSH ET AL., COUNCIL ON FOREIGN RELATIONS, INDEPENDENT TASK FORCE REPORT NO. 63, U.S. IMMIGRATION POLICY 13-20 (2009), https://perma.cc/WTY5-89CQ (describing the broad goals of immigration policy, including, among other things, maintaining the U.S.’s economic dynamism). 18. See, e.g., Peter H. Schuck, Why the ‘Diversity Lottery’ Needs to End, N.Y. TIMES (Nov. 2, 2017), https://perma.cc/5J3F-THFD. 19. See Kelly Virella, Diversity Visa Lottery Winners Defend and Critique Maligned Program, N.Y. TIMES (Nov. 3, 2017), https://perma.cc/34RH-QBUP (showing that some DV lottery winners have far more than the minimum qualifications for the visa); see also Ryan Radia, A Highly-Skilled Opportunity for Trump on Immigration, COMPETITIVE ENTERPRISE INST. (Jan. 29, 2018), https://perma.cc/A5YC-5KRR (“[M]any immigrants who are admitted into the 161 The Labor Economics Case for the Diversity Visa Lottery 71 STAN. L. REV. ONLINE 159 (2018) U.S. would otherwise have virtually no immigration. Though not immediately obvious, these flows play a strong role as a “pull factor,” encouraging more settlement, particularly from countries where few migrants with significant skill or education typically emigrate. The DV program thus picks a random sample of trail-blazing immigrants who create the paths future high-skilled immigrants follow. The DV program creates pathways for future immigrants because it generates a critical mass of people seeking specific amenities and may signal the possibility of job opportunities to potential future migrants. The reasons for seeking a better life in a different country are as varied as the people who choose to make those decisions, but some common themes emerge from this human tapestry of resettlement. First, people tend to resettle in areas where there are other people that come from the same country.20 At a human level, this makes sense, because people tend to feel more comfortable in areas that feel familiar.21 It should come as little surprise, then, that labor economists confirm this intuition.22 Further, people tend to move to areas that have services and United States under visa categories that don’t emphasize skills are nevertheless college graduates.”).
Load more

Recommended publications
  • Instructions for the 2021 Diversity Immigrant Visa Program (Dv-2021)
    UNCLASSIFIED INSTRUCTIONS FOR THE 2021 DIVERSITY IMMIGRANT VISA PROGRAM (DV-2021) Program Overview The Department of State annually administers the statutorily-mandated Diversity Immigrant Visa Program. Section 203(c) of the Immigration and Nationality Act (INA) provides for a class of immigrants known as “diversity immigrants” from countries with historically low rates of immigration to the United States. For Fiscal Year 2021, 55,000 Diversity Visas (DVs) will be available. There is no cost to register for the DV program. Applicants who are selected in the program (selectees) must meet simple but strict eligibility requirements to qualify for a diversity visa. The Department of State determines selectees through a randomized computer drawing. The Department of State distributes diversity visas among six geographic regions, and no single country may receive more than seven percent of the available DVs in any one year. For DV-2021, natives of the following countries are not eligible to apply, because more than 50,000 natives of these countries immigrated to the United States in the previous five years: Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible. Eligibility Requirement #1: Individuals born in countries whose natives qualify may be eligible to enter. If you were not born in an eligible country, there are two other ways you might be able to qualify. Was your spouse born in a country whose natives are eligible? If yes, you can claim your spouse’s country of birth – provided that both you and your spouse are named on the selected entry, are found eligible and issued diversity visas, and enter the United States simultaneously.
    [Show full text]
  • Immigration Compliance Alert
    VEDDERPRICE ® November 2009 Immigration Compliance Alert ICE Increases I-9 Audit Actions foreign nationals in H-1B (Specialty Occupation) and L-1 (Intracompany Transferee) immigration status. The USCIS Fraud In July 2009, U.S. Immigration and Customs Enforcement Detection and National Security unit (FDNS) has initiated these (ICE) notiS ed 652 businesses that they had been targeted visits as part of the Department of Homeland Security’s (DHS) for in-person inspections of their I-9 Employment Eligibility efforts to expand worksite enforcement. USCIS has hired a Veri cation Forms. This recent enforcement initiative is part of large number of private contractors to conduct thousands of the government’s efforts to hold employers accountable for their site visits and verify information from the I-129 petitions led hiring practices and ensure a legal workforce across the country. with the agency. John Morton, Assistant Secretary for ICE, has stated, “ICE is As part of these site visits, the FDNS assessors may visit committed to establishing a meaningful inspection program to the workplace unannounced or with very short notice. Typically, promote compliance with the law.” He added that the nationwide they will ask questions of nonimmigrant workers, administrative effort was a rst step in ICE’s long-term strategy to address personnel and supervisors. Most questions will directly relate and deter illegal employment by focusing on employers rather to the information submitted with the I-129 petitions in order to than on undocumented workers. In all of scal year 2008, ICE con rm accuracy. FDNS assessors may ask to review issued only 503 similar notices to employers.
    [Show full text]
  • Diversity Visa “Green Card” Lottery to Open Soon
    RESPONSIVE SOLUTIONS Diversity Visa “Green Card” Lottery to Open Soon Countries with high rates of immigration are NOT qualified. These Failure to obtain a visa to the US between October 1 and September typically include Brazil, China, the Dominican Republic, 30 of the government year following selection will result in El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Poland, and disqualification from the program, so selected applicants will need the UK among others. By contrast, most African and European to act on their visa applications quickly. Although it’s possible to countries are typically eligible. Nationality is determined by the apply for the lottery from the US, those who are unlawfully present country of birth of the applicant, his or her spouse, or parents in the US will rarely be eligible to receive a green card. (provided certain requirements are met). FRAUD WARNING Last year, the government received over 14 million entries for the Every year, fraudulent websites pose as the official U.S. government 50,000 available visas. Counties with the highest number of winners site and charge applicants money to “register”. Be wary of anyone included Nigeria, Ukraine and Ethiopia. seeking to collect a registration or filing fee for assistance in HOW TO APPLY submitting an application. The government does not charge a fee for submitting the application. Only Internet sites that end with To enter the lottery, the foreign national must submit an electronic the .gov domain are official U.S. government websites. Others application through the official U.S. Department of State website should not be trusted, and in no case should you send any personal (http://travel.state.gov) during a specified time each year.
    [Show full text]
  • Immigration Law 101
    Immigration Law 101 April 7, 2020 Immigration Law 101 April 7, 2020 Agenda 3:30pm – 4:30pm Intro and Understanding the Immigration System Immigration Laws and Policies INS v. DHS Immigration Agencies and their roles Mary Armistead, Esq. Determining Immigration Status Citizenship Immigration status: Immigrant, Nonimmigrant, Undocumented Immigrant: family, employment, diversity, humanitarian Nonimmigrant: employment, student, visitor, and others Michelle Lee, Esq. Jon Lemelin The Immigration Process Admission Inadmissibility and Deportability Mary Armistead, Esq. 4:30pm – 5:30pm Understanding Immigration Enforcement Who can enforce immigration laws Where and how does immigration enforcement occur Removal Proceeding basics Mary Armistead, Esq. Michelle Lee, Esq. Obtaining Lawful status Family-based Humanitarian-based Isabelle Thacker, Esq. Immigration Related Developments and Policy Executive orders Regulatory changes Prof. Ava Ayers IMMIGRATION LAW 101 April 7, 2020 SPEAKER BIOGRAPHIES MARY ARMISTEAD, ESQ., works at The Legal Project as an Equal Justice Works Crime Victims Justice Corps Fellow providing direct representation to and building community capacity regarding victims of human trafficking. Mary also teaches Immigration Law as an Adjunct Professor of Law at her alma mater, Albany Law School, where she graduated summa cum laude. Mary clerked at the New York State Court of Appeals for one year before working as the Staff Attorney of the Immigration Law Clinic at Albany Law School, both supervising students and maintaining a personal docket representing clients eligible for humanitarian immigration relief. In her positions at Albany Law School and The Legal Project, she developed the Special Immigrant Juvenile Pro Bono Attorney panel, wherein she connects clients to and supervises attorneys in providing pro bono representation to vulnerable immigrant children.
    [Show full text]
  • Case 1:20-Cv-01419-APM Document 46 Filed 07/17/20 Page 1 of 101
    Case 1:20-cv-01419-APM Document 46 Filed 07/17/20 Page 1 of 101 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA DOMINGO ARREGUIN GOMEZ, MIRNA S., Civil Action No. 1:20-cv-01419 VICENTA S., FIRST AMENDED COMPLAINT NAZIF ALAM c/o Mayer Brown LLP 1999 K Street, NW Washington, D.C. 20006 NANCY ABARCA c/o Mayer Brown LLP 1999 K Street, NW Washington, D.C. 20006 FATMA BUSHATI c/o Mayer Brown LLP 1999 K Street, NW Washington, D.C. 20006 IWUNDU ÉPOUSE KOUADIO IJEOMA GOLDEN c/o Mayer Brown LLP 1999 K Street, NW Washington, D.C. 20006 CLAUDIO ALEJANDRO SARNIGUET JIMÉNEZ c/o Mayer Brown LLP 1999 K Street, NW Washington, D.C. 20006 JODI LYNN KARPES c/o Mayer Brown LLP 1999 K Street, NW Washington, D.C. 20006 AJA TAMAMU MARIAMA KINTEH c/o Mayer Brown LLP 1999 K Street, NW Washington, D.C. 20006 AILA Doc. No. 20071700. (Posted 7/17/20) Case 1:20-cv-01419-APM Document 46 Filed 07/17/20 Page 2 of 101 SHYAM SUNDAR KOIRALA c/o Mayer Brown LLP 1999 K Street, NW Washington, D.C. 20006 FARANGIS KURBONOVA c/o Mayer Brown LLP 1999 K Street, NW Washington, D.C. 20006 JUAN CARLOS ROSARIO LEBRON c/o Mayer Brown LLP 1999 K Street, NW Washington, D.C. 20006 AYA NAKAMURA c/o Mayer Brown LLP 1999 K Street, NW Washington, D.C. 20006 DANIEL CHIBUNDU NWANKWO c/o Mayer Brown LLP 1999 K Street, NW Washington, D.C. 20006 LOIDA PHELPS c/o Mayer Brown LLP 1999 K Street, NW Washington, D.C.
    [Show full text]
  • Instructions for the 2022 Diversity Immigrant Visa Program (Dv-2022)
    UNCLASSIFIED INSTRUCTIONS FOR THE 2022 DIVERSITY IMMIGRANT VISA PROGRAM (DV-2022) Program Overview The Department of State annually administers the statutorily-created Diversity Immigrant Visa Program. Section 203(c) of the Immigration and Nationality Act (INA) provides for a class of immigrants known as “diversity immigrants” from countries with historically low rates of immigration to the United States. For Fiscal Year 2022, up to 55,000 Diversity Visas (DVs) will be available. There is no cost to register for the DV program. Applicants who are selected in the program (selectees) must meet simple but strict eligibility requirements to qualify for a diversity visa. The Department of State determines selectees through a randomized computer drawing. The Department of State distributes diversity visas among six geographic regions, and no single country may receive more than seven percent of the available DVs in any one year. For DV-2022, persons born in the following countries are not eligible to apply, because more than 50,000 natives of these countries immigrated to the United States in the previous five years: Bangladesh, Brazil, Canada, China (including Hong Kong SAR), Colombia, Dominican Republic, El Salvador, Guatemala, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. Persons born in Macau SAR and Taiwan are eligible. Eligibility Requirement #1: Natives of countries with historically low rates of immigration to the United States may be eligible to enter. If you are not a native of a country with historically low rates of immigration to the United States, there are two other ways you might be able to qualify.
    [Show full text]
  • Lived Experiences of Diversity Visa Lottery Immigrants in the United States
    The Qualitative Report 2012 Volume 17, Article 102, 1-17 http://www.nova.edu/ssss/QR/QR17/hailu.pdf Lived Experiences of Diversity Visa Lottery Immigrants in the United States Tekleab Elos Hailu, Bernadette M. Mendoza, and Maria K. E. Lahman University of Northern Colorado, Greeley, Colorado, USA Veronica M. Richard Indiana University Northwest, Gary, Indiana, USA Every year approximately 50,000 people immigrate to the United States through the avenue referred to as the Diversity Visa (DV) Lottery. In this article, the authors present a literature review of immigration to the U.S. through the DV Lottery, reflect on their own immigration histories, and utilize phenomenology to investigate and describe participant feelings, expectations, and experiences as DV Lottery immigrants. Participants experienced mixed feelings, including high expectations prior to and difficulties after immigrating to the U.S. Findings presented include (a) life experienced in the U.S.; (b) access to learning and training opportunities; and (c) recommended support future DV Lottery immigrants. Keywords: Diversity Visa Lottery, Immigration, Phenomenology When a certain country or a region within a country cannot meet the economic needs of its people, particularly in terms of employment and income, people may emigrate in search of sustainability. At the same time, if better opportunities for employment and income in other countries or regions exist, then these opportunities attract people looking to increase their individual potential for financial and emotional security (Bookman, 2002). In addition to the need for a better life, other reasons that force people to migrate are wars and political, religious, ethnic and gender persecutions.
    [Show full text]
  • Diversity Immigrant Visa Lottery Issues
    Diversity Immigrant Visa Lottery Issues Ruth Ellen Wasem Specialist in Immigration Policy April 1, 2011 Congressional Research Service 7-5700 www.crs.gov R41747 CRS Report for Congress Prepared for Members and Committees of Congress Diversity Immigrant Visa Lottery Issues Summary The purpose of the diversity immigrant visa lottery is, as the name suggests, to encourage legal immigration from countries other than the major sending countries of current immigrants to the United States. Current law weights the allocation of immigrant visas heavily toward aliens with close family in the United States and, to a lesser extent, toward aliens who meet particular employment needs. The diversity immigrant category was added to the Immigration and Nationality Act (INA) by the Immigration Act of 1990 (P.L. 101-649) to stimulate “new seed” immigration (i.e., to foster new, more varied migration from other parts of the world). To be eligible for a diversity visa, the INA requires that the foreign national must have a high school education or the equivalent, or two years experience in an occupation that requires at least two years of training or experience. The foreign national or the foreign national’s spouse must be a native of one of the countries listed as a foreign state qualified for the diversity visa lottery. Diversity lottery winners, like all other aliens wishing to come to the United States, must undergo reviews performed by Department of State consular officers abroad and Department of Homeland Security immigration officers upon entry to the United States. These reviews are intended to ensure that the aliens are not ineligible for visas or admission under the grounds for inadmissibility spelled out in the INA.
    [Show full text]
  • 07-5630-Cv to Be Argued By: LISA E
    07-5630-cv To Be Argued By: LISA E. PERKINS ========================================= FOR THE SECOND CIRCUIT Docket No. 07-5630-cv MORSHEDA AMIN, NASHRAT SHAH AZAD, AND LAMESA NASHRAT, Plaintiffs-Appellants, -vs- MICHAEL B. MUKASEY, ATTORNEY GENERAL, AND DONALD NEUFELD, DIRECTOR, OFFICE OF U.S. CITIZENSHIP AND IMMIGRATION SERVICES, JOHN DOE, UNKNOWN NAMED AGENTS OF THE UNITED STATES CITIZENSHIP & IMMIGRATION SERVICES & UNITED STATES DEPARTMENT OF HOMELAND SECURITY, Defendants-Appellees. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT ======================================== BRIEF FOR THE APPELLEES ======================================== NORA R. DANNEHY Acting United States Attorney District of Connecticut LISA E. PERKINS WILLIAM J. NARDINI Assistant United States Attorneys TABLE OF CONTENTS Table of Authorities............................i v Statement of Jurisdiction. x i Statement of Issues Presented for Review.. xii Preliminary Statement.......................... 2 Statement of the Case........................... 3 Statement of Facts and Proceedings Relevant to this Appeal. 4 A. Plaintiffs’ allegations. 4 B. District court litigation. 5 Summary of Argument.......................... 7 Argument.................................... 8 I. The district court properly dismissed Plaintiffs’ amended complaint as moot, where the time for issuance of a Diversity Visa had expired and the court lacked jurisdiction to order the requested relief............................. 8 A. Governing law and standard of review. 8 1. Diversity Visa Program. 8 2. Mootness........................... 1 1 3. Standard of review. 1 1 B. Discussion 1. The district court correctly ruled that Plaintiffs’ claims are moot, because even if a diversity visa number is still available for fiscal year 2005, Defendants lack authority to grant a visa after expiration of the fiscal year and thus, the district court lacked authority to impose a remedy for Plaintiffs’ alleged injuries.
    [Show full text]
  • Primer on U.S. Immigration Policy
    Primer on U.S. Immigration Policy Updated July 1, 2021 Congressional Research Service https://crsreports.congress.gov R45020 SUMMARY R45020 Primer on U.S. Immigration Policy July 1, 2021 U.S. immigration policy is governed largely by the Immigration and Nationality Act (INA), which was first codified in 1952 and has been amended significantly several times since. U.S. William A. Kandel immigration policy contains two major aspects. One facilitates migration flows into the United Analyst in Immigration States according to principles of admission that are based upon national interest. These broad Policy principles currently include family reunification, U.S. labor market contribution, origin-country diversity, and humanitarian assistance. The United States has long distinguished permanent from temporary immigration. Permanent immigration occurs through family and employer-sponsored categories, the diversity immigrant visa lottery, and refugee and asylee admissions. Temporary immigration occurs through the admission of foreign nationals for specific purposes and limited periods of time, and encompasses two dozen categories that include foreign tourists, students, temporary workers, and diplomats. The other major aspect of U.S. immigration policy involves restricting entry to and removing persons from the United States who lack authorization to be in the country, are identified as criminal aliens, or whose presence in the United States is determined to not serve the national interest. Such immigration enforcement is broadly divided between border enforcement—at and between U.S. land, air, and sea ports of entry—and other enforcement tasks including interior enforcement, detention, removal, worksite enforcement, and combatting immigration fraud. The dual role of U.S. immigration policy—admissions and enforcement—creates challenges for balancing major policy priorities, such as ensuring national security, facilitating trade and commerce, protecting public safety, and fostering international cooperation.
    [Show full text]
  • U.S. Family-Based Immigration Policy
    U.S. Family-Based Immigration Policy William A. Kandel Analyst in Immigration Policy February 9, 2018 Congressional Research Service 7-5700 www.crs.gov R43145 U.S. Family-Based Immigration Policy Summary Family reunification has historically been a key principle underlying U.S. immigration policy. It is embodied in the Immigration and Nationality Act (INA), which specifies numerical limits for five family-based immigration categories, as well as a per-country limit on total family-based immigration. The five categories include immediate relatives (spouses, minor unmarried children, and parents) of U.S. citizens and four other family-based categories that vary according to individual characteristics such as the legal status of the petitioning U.S.-based relative, and the age, family relationship, and marital status of the prospective immigrant. Of the 1,183,505 foreign nationals admitted to the United States in FY2016 as lawful permanent residents (LPRs), 804,793, or 68%, were admitted on the basis of family ties. Of the family-based immigrants admitted in FY2016, 70% were admitted as immediate relatives of U.S. citizens. Many of the 1,183,505 immigrants were initially admitted on a nonimmigrant (temporary) visa and became immigrants by converting or “adjusting” their status to a lawful permanent resident. The proportion of family-based immigrants who adjusted their immigration status while residing in the United States (34%) was substantially less than that of family-based immigrants who had their immigration petitions processed while living abroad (66%), although such percentages varied considerably among the five family-based immigration categories. Since FY2000, increasing numbers of immediate relatives of U.S.
    [Show full text]
  • U.S. Family-Based Immigration Policy
    U.S. Family-Based Immigration Policy William A. Kandel Analyst in Immigration Policy November 19, 2014 Congressional Research Service 7-5700 www.crs.gov R43145 CRS Report for Congress Prepared for Members and Committees of Congress U.S. Family-Based Immigration Policy Summary Family reunification is a key principle underlying U.S. immigration policy. It is embodied in the Immigration and Nationality Act (INA), which specifies numerical limits for five family-based admission categories, as well as a per-country limit on total family-based admissions. The five categories include immediate relatives of U.S. citizens and four other family-based categories that vary according to individual characteristics such as the legal status of the petitioning U.S.-based relative, and the age, family relationship, and marital status of the prospective immigrant. Of the 990,553 foreign nationals admitted to the United States in FY2013 as lawful permanent residents (LPRs), 649,763, or 66%, were admitted on the basis of family ties. Of these family- based immigrants admitted in FY2013, 68% were admitted as immediate relatives of U.S. citizens. Many of the 990,553 immigrants were initially admitted on a temporary basis and became immigrants by converting or “adjusting” their status to a lawful permanent resident. The proportion of family-based immigrants who adjusted their immigration status while residing in the United States (54%) exceeded that of family-based immigrants who had their immigration petitions processed while living abroad (46%), although such percentages varied considerably among the five family-based admission categories. Since FY2000, increasing numbers of immediate relatives of U.S.
    [Show full text]