Fewer than Half of Employment-Based Green Cards are for Workers

The United States ’ immigration system favors family reunification, even in the so-called employment-based categories.  The family members of immigrant workers must use employment-based green cardsdespite the text of the actual  statute and other evidence that strongly suggests that this was not Congress’ intent.   Instead of a separate green card category for spouses and children, they get a green card that would otherwise go to a worker. In 2015, 56 percent of all supposed employment-based green cards went to the family members of workers (Chart 1).   The other 44 percent went to the workers themselves. Some of those family members are workers, but they should have a separate green card category or be exempted from the employment green card quota altogether.  Chart 1Employment-Based Green Cards by Recipient Types Source: 2015 Yearbook of Immigration Statistics, Author ’s calculationsIf family members were exempted from the quota or there was a separate green card category for them, an additional 76,711 highly skilled immigrant workers could have earned a green card in 2015without increasing the quota.About 85 percent of those who received an employment-based green card in 2015 were already legally living in the United States (Chart 2).   They were able to adjust their immigration status from another type of visa, like an H-1B or F visa, to an employment-based green card.  Exempting some or all of the adjustments of status from the green card cap would almost...
Source: Cato-at-liberty - Category: American Health Authors: Source Type: blogs