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    "how_the_united_states_immigration_system_works_0.pdf": " How the United States Immigration System Works U.S. immigration law is based on the following principles: the reunification of families, admitting immigrants with skills that are valuable to the U.S. economy, protecting refugees, and promoting diversity. This fact sheet provides basic information about how the U.S. legal immigration system is designed and functions. The body of law governing U.S. immigration policy is called the Immigration and Nationality Act (INA). The INA allows the United States to grant up to 675,000 permanent immigrant visas each year across various visa categories. On top of those 675,000 visas, the INA sets no limit on the annual admission of U.S. citizens\u2019 spouses, parents, and children under the age of 21.1 In addition, each year the president is required to consult with Congress and set an annual number of refugees to be admitted to the United States through the U.S. Refugee Admissions Program.2 Once a person obtains an immigrant visa and comes to the United States, they become a lawful permanent resident (LPR). In some circumstances, noncitizens already inside the United States can obtain LPR status through a process known as \u201cadjustment of status.\u201d LPRs are eligible to apply for nearly all jobs (i.e., jobs not legitimately restricted to U.S. citizens) and can remain in the country permanently, even if they are unemployed. After residing in the United States for five years (or three years in some circumstances), LPRs are eligible to apply for U.S. citizenship. It is impossible to apply for citizenship through the normal process without first becoming an LPR. Each year the United States also admits a variety of noncitizens on a temporary basis. Such \u201cnon-immigrant\u201d visas are granted to everyone from tourists to foreign students to temporary workers permitted to remain in the country for years. While certain employment-based visas are subject to annual caps, other non-immigrant visas (including tourist and student visas) have no numerical limits. I. Family-Based Immigration Family unification is an important principle governing U.S. immigration policy. The family-based immigration system allows U.S. citizens and LPRs to bring certain family members to the United States. Family-based immigrants are admitted either as immediate relatives of U.S. citizens or through the family preference system. An unlimited number of visas are available every year for the immediate relatives of U.S. citizens. Prospective immigrants in this category must meet standard eligibility criteria, and petitioners must meet certain age and financial requirements.3 Immediate relatives are: How the United States Immigration System Works | American Immigration Council | September 2021 Page 2 of 11 \u25aa spouses of U.S. citizens; \u25aa unmarried minor children of U.S. citizens (under 21 years old);4 and \u25aa parents of U.S. citizens (petitioner must be at least 21 years old to petition for a parent). A limited number of visas are available every year under the family preference system. Prospective immigrants in the family preference system must meet standard eligibility criteria, and petitioners must meet certain age and financial requirements.5 The family preference system includes: \u25aa adult children (married and unmarried) and brothers and sisters of U.S. citizens (petitioner must be at least 21 years old to petition for a sibling); and \u25aa spouses and unmarried children (minor and adult) of LPRs. In order to balance the overall number of immigrants arriving based on family relationships, Congress established a complicated system for calculating the available number of family preference visas for any given year. The number is determined by starting with 480,000 (the maximum number in principle allocated for all family-based immigrants) and then subtracting the number of immediate relative visas issued during the previous year and the number of aliens \u201cparoled\u201d into the United States during the previous year.6 Any unused employment preference immigrant numbers from the preceding year are then added to this total to establish the number of visas that are available for allocation through the family preference system.7 However, by law, the number of family-based visas allocated through the preference system may not be lower than 226,000.8 The number of immediate relatives often exceeds 250,000 in a given year and triggers the 226,000 minimum for preference visas. As a result, the total number of family-based visas often exceeds 480,000.9 In Fiscal Year (FY) 2019, family-based immigrants comprised 68.8 percent of all new LPRs in the United States.10 The family-based immigration system is summarized in Table 1. Table 1: Family-Based Immigration System Category U.S. Sponsor Relationship Numerical Limit Immediate Relatives U.S. Citizen adults Spouses, unmarried minor children, and parents Unlimited Preference allocation 1 U.S. citizen Unmarried adult children 23,400* 2A LPR Spouses and minor children 87,900 2B LPR Unmarried adult children 26,300 3 U.S. citizen Married adult children 23,400** How the United States Immigration System Works | American Immigration Council | September 2021 Page 3 of 11 4 U.S. citizen Brothers and Sisters 65,000*** * Plus any unused visas from the 4th preference. ** Plus any unused visas from 1st and 2nd preference. ***Plus any unused visas from all other family-based preferences. Worldwide level of family preference allocation: 480,000 minus visas issued to immediate relatives and parolees, plus unused employment-visas from previous fiscal year. Floor for preference categories: 226,000. Source: William A. Kandel, U.S. Family-Based Immigration Policy (Washington, DC: Congressional Research Service, February 9, 2018), 4, https://fas.org/sgp/crs/homesec/R43145.pdf. In order to be admitted through the family-based immigration system, a U.S. citizen or LPR sponsor must petition for an individual relative, establish the legitimacy of the relationship, meet minimum income requirements, and sign an affidavit of support stating that the sponsor will be financially responsible for the family member(s) upon arrival in the United States or adjustment to LPR status within the United States.11 The individual relative also must meet certain eligibility requirements that include submitting to a medical exam and obtaining required vaccinations (including a COVID-19 vaccination12), an analysis of any immigration or criminal history, as well as demonstrating that they will not become primarily dependent on the government for subsistence.13 The spouses and children who accompany or follow the principal immigrant (the one sponsored by the U.S. citizen or LPR under the family-preference category) are referred to as derivative immigrants. Derivative immigrants also count toward the numerical caps for the categories in Table 1. That means that many of the visa slots allotted for members of these categories are often actually used by the spouses and children of the members. For example, in FY 2019, 61,031 people were admitted in the category \u201cbrothers and sisters\u201d of U.S. citizens, but only 22,179 of them were actual brothers or sisters of U.S. citizens. The rest were spouses (14,956) and children (23,896) of the siblings of U.S. citizens.14 II. Employment-Based Immigration The United States provides various ways for immigrants with valuable skills to come to the country on either a temporary or a permanent basis. Temporary Visa Classifications Temporary employment-based visa classifications permit employers to hire and petition for foreign nationals for specific jobs for limited periods. Most temporary workers must work for the employer that petitioned for them and have limited ability to change jobs.15 There are more than 20 types of visas for temporary nonimmigrant workers. These include L-1 visas for intracompany transfers; various P visas for athletes, entertainers, and skilled performers; R-1 visas for religious workers; various A visas for diplomatic employees; O-1 visas for workers of extraordinary ability; and various H visas for both highly skilled and lesser-skilled workers. The visa classifications vary in terms of their eligibility requirements, duration, whether they permit workers to bring dependents, and other factors. In most cases, these workers must leave the United States if their status expires or if their employment is terminated. It may be possible, depending on the type of job and the foreign national\u2019s qualifications, for an employer to sponsor the worker for permanent employment. A foreign national does not How the United States Immigration System Works | American Immigration Council | September 2021 Page 4 of 11 have to be working for the employer in order to be sponsored. However, depending on the permanent immigration category sought and the foreign national\u2019s current nonimmigrant category, he or she may be able to complete the steps to become an LPR while continuing to live and work in the United States. Permanent Immigration The overall numerical limit for permanent employment-based immigrants is 140,000 per year.16 This number includes the immigrants plus their eligible spouses and minor unmarried children, meaning the actual number of employment-based immigrants is less than 140,000 each year.17 Any unused family preference immigrant numbers from the preceding year are added to this cap to establish the number of visas that are available for allocation through the employment-based system.18 The total number of available visas is then divided into five preference categories.19 For some categories, the sponsor must first test the U.S. labor market under terms and conditions established by the Department of Labor, and the Secretary of Labor must certify that the petitioner\u2019s application meets certain requirements before the sponsor may file a petition with U.S. Citizenship and Immigration Services (USCIS). For some categories, the sponsor\u2019s first step is to file a petition with USCIS or the foreign national may self-petition. The final step is the foreign national\u2019s application for an immigrant visa at a U.S. embassy or consulate abroad or an application to adjust status to LPR if in lawful status in the United States. For consular processing, the immigrant visa application cannot be filed until after USCIS approves the immigrant petition. For adjustment of status, the time to file the application depends on whether a visa number is considered to be immediately available.20 The employment-based immigration system is summarized in Table 2. Table 2: Permanent Employment-Based Preference System Preference Category Eligibility Yearly Numerical Limit 1 \u201cPersons of extraordinary ability\u201d in the arts, science, education, business, or athletics; outstanding professors and researchers, multinational executives and managers. 40,040* 2 Members of the professions holding advanced degrees, or persons of exceptional ability in the arts, science, or business. 40,040** 3 Skilled workers with at least two years of training or experience, professionals with college degrees, or \u201cother\u201d workers for unskilled labor that is not temporary or 40,040*** \u201cOther\u201d unskilled laborers restricted to 5,000 How the United States Immigration System Works | American Immigration Council | September 2021 Page 5 of 11 seasonal. 4 Certain \u201cspecial immigrants\u201d including religious workers, employees of U.S. foreign service posts, former U.S. government employees and other classes of foreign nationals. 9,940 5 Persons who will invest $500,000 to $1 million in a job-creating enterprise that employs at least 10 full time U.S. workers. For petitions filed on or after 11/21/2019 the investment amounts increase to $900,000 to $1.8 million, with future increases at specified intervals.21 9,940 *Plus any unused visas from the 4th and 5th preferences. **Plus any unused visas from the 1st preference. ***Plus any unused visas from the 1st and 2nd preferences. Worldwide level of employment-based immigrants: 140,000 for principal applicants and their dependents. Source: Ruth Ellen Wasem, U.S. Immigration Policy on Permanent Admissions (Washington, DC: Congressional Research Service, March 13, 2012), 4, https://www.fas.org/sgp/crs/homesec/RL32235.pdf. In FY 2019, immigrants admitted through the employment preferences made up 13.5 percent of all new LPRs in the United States.22 III. Per-Country Ceilings In addition to the numerical limits placed on the various immigration preference categories, the INA also places a limit on how many immigrants can come to the United States from any one country. Currently, no group of permanent immigrants (family-based and employment-based combined) from a single country can exceed seven percent of the total number of people immigrating to the United States in a single fiscal year.23 This is not a quota to ensure that certain nationalities make up seven percent of immigrants, but rather a limit that is set to prevent any immigrant group from dominating immigration flows to the United States. IV. Refugees and Asylees Refugees are admitted to the United States based upon an inability to return to their home countries because of a \u201cwell-founded fear of persecution\u201d due to their race, membership in a particular social group, political opinion, religion, or national origin.24 Refugees apply for admission from outside of the United States, generally from a \u201ctransition country\u201d that is outside their home country. The admission of refugees turns on numerous factors, such as the degree of risk they face, membership in a group that is of special concern to the United States (designated yearly by the president and Congress), and whether or not they have family members in the United How the United States Immigration System Works | American Immigration Council | September 2021 Page 6 of 11 States. Each year, the president, in consultation with Congress, determines the numerical ceiling for refugee admissions.25 The overall cap is broken down into limits for each region of the world. After September 11, 2001, the number of refugees admitted into the United States fell drastically. After the Bush administration put new security checks in place, annual refugee admissions returned to their previous levels and rose during the Obama administration. During the Trump administration, the refugee ceiling fell sharply, from 110,000 in FY 2017 to 45,000 in FY 2018 and 30,000 in FY 2019.26 For FY 2020, the ceiling was set at an all-time low of 18,000\u2014although only 11,814 were actually admitted (the lowest number of admitted refugees since the system was created in 1980.)27 The FY 2021 ceiling was set at 15,000 by the Trump administration, but was subsequently raised to 62,500 by the Biden administration.28 However, as of August 31, 2021, only 7,637 refugees had been admitted with just one month remaining in the current fiscal year.29 Of the 62,500 admissions determined by the president for FY 2021, the regional allocations are shown in Table 3 below. Given the slow pace of admissions, it is unlikely that any of these allocations will be met. Table 3: Presidential Determination on Refugee Admissions, FY 2021 Africa 22,000 East Asia 6,000 Europe and Central Asia 4,000 Latin America/Caribbean 5,000 Near East/South Asia 13,000 Unallocated Reserve 12,500 TOTAL 62,500 Source: U.S. Department of State, Bureau of Population, Refugees, and Migration, \u201cRefugee Admissions Report as of July 31, 2021,\u201d https://www.wrapsnet.org/documents/Refugee%20Admissions%20Report%20as%20of%2031%20Jul%202021.xl sx. Asylum is available to persons already in the United States who are seeking protection based on the same five protected grounds upon which refugees rely.30 They may apply at a port of entry at the time they seek admission or within one year of arriving in the United States. There is no limit on the number of individuals who may be granted asylum each year, nor are there specific categories for determining who may seek asylum. In FY 2019, 46,508 individuals were granted asylum.31 Refugees and asylees are eligible to become LPRs one year after admission to the United States as a refugee or one year after receiving asylum.32 V. The Diversity Visa Program The Diversity Visa Program was created by the Immigration Act of 1990 as a dedicated channel for immigrants from countries with low rates of immigration to the United States. Each year, 55,000 visas are allocated randomly How the United States Immigration System Works | American Immigration Council | September 2021 Page 7 of 11 through a computer-generated lottery to nationals from countries that have sent fewer than 50,000 immigrants to the United States in the previous five years.33 Of the 55,000, up to 5,000 are made available for use under the Nicaraguan Adjustment and Central American Relief Act program, created in 1997 to provide relief to certain asylum seekers who applied for asylum before a specific date. This results in a reduction of the actual annual diversity visa limit to 50,000.34 The program was originally intended to favor immigration from Ireland (during the first three years of the program at least 40 percent of the visas were exclusively allocated to Irish immigrants).35 Diversity visas are now distributed on a regional basis and benefit Africans and Eastern Europeans in particular.36 To be eligible for a diversity visa, potential applicants from qualifying countries must have a high-school education (or its equivalent) or have, within the past five years, a minimum of two years working in a profession requiring at least two years of training or experience. Spouses and minor unmarried children of the principal applicant may also enter as derivatives.37 Immigration bans implemented by the Trump administration effectively shut down the Diversity Visa Program in 2020 and left roughly 43,000 of that year\u2019s lottery winners without their visas.38 Those 2020 lottery winners who did not receive visas by the end of the fiscal year lost their chance to immigrate to the United States, prompting some of them to file lawsuits against the federal government in an effort to obtain their visas.39 Although the Biden administration subsequently lifted the immigration bans, the Diversity Visa Program has resumed at a very slow pace. By the end of June 2021, the State Department had issued only 3,094 diversity visas for FY 2021.40 Some FY 2021 lottery winners have filed lawsuits demanding that the State Department issue their visas before the end of the fiscal year.41 VI. Other Forms of Humanitarian Relief Temporary Protected Status (TPS) is granted to people who are in the United States but cannot return to their home country because of \u201cnatural disaster,\u201d \u201cextraordinary temporary conditions,\u201d or \u201congoing armed conflict.\u201d42 TPS is granted to a country for six, twelve, or eighteen months and can be extended beyond that if unsafe conditions in the country persist.43 TPS does not necessarily lead to LPR status or confer any other immigration status. Deferred Enforced Departure (DED) provides protection from deportation for individuals whose home countries are unstable, therefore making return dangerous.44 Unlike TPS, which is authorized by statute, DED is at the discretion of the executive branch. DED does not necessarily lead to LPR status or confer any other immigration status. Deferred Action for Childhood Arrivals (DACA) is a program established in 2012 which permits certain individuals who were brought to the United States while under the age of 16 and who have resided continuously in the United States since June 15, 2007, to remain in the United States and work lawfully for at least two years, so long as they have no significant criminal record and have graduated high school or college or received a degree equivalent.45 It does not confer any path to permanent legal status and requires renewal every two years.46 In How the United States Immigration System Works | American Immigration Council | September 2021 Page 8 of 11 2017, the Trump administration attempted to end DACA,47 but this action was challenged in court. In June 2020, the Supreme Court ruled that the administration\u2019s attempt to terminate the program was unlawful.48 The Trump administration subsequently tried to impose new limits on DACA,49 but this action was also challenged in court and a federal judge in New York ordered the administration to set aside the newly imposed limits.50 Separately, a federal judge in Texas ruled that DACA was unlawful and that no new, first-time applications should be accepted.51 In January 2021, President Biden issued a memorandum reaffirming the federal government\u2019s commitment to DACA and pledging to appeal the Texas ruling.52 Humanitarian parole allows certain individuals to enter the United States, even though they may not meet the definition of a refugee and may not be eligible to immigrate through other channels. Parolees may be admitted temporarily for urgent humanitarian reasons or significant public benefit.53 VII. U.S. Citizenship In order to qualify for U.S. citizenship through naturalization, an individual must have had LPR status (a green card) for at least five years (or three years if he or she obtained the green card through a U.S.-citizen spouse or through the Violence Against Women Act, VAWA). There are other exceptions including, but not limited to, members of the U.S. military who serve in a time of war or declared hostilities.54 Applicants for U.S. citizenship must be at least 18 years old, demonstrate continuous residency, demonstrate \u201cgood moral character,\u201d pass English and U.S. history and civics exams (with certain exceptions), and pay an application fee, among other requirements.55 Endnotes 1. This number results from adding the family-based annual limit, the employment-based annual limit, and the diversity program annual limit. See Ruth Ellen Wasem, U.S. Immigration Policy on Permanent Admissions (Washington, DC: Congressional Research Service, March 13,2012), 3, https://www.fas.org/sgp/crs/homesec/RL32235.pdf. 2. American Immigration Council, An Overview of U.S. Refugee Law and Policy (Washington, DC: July 9, 2021), https://www.americanimmigrationcouncil.org/research/overview-us-refugee-law-and-policy. 3. INA \u00a7212(a) and INA \u00a7212(a)(4). Also see William A. Kandel, U.S. Family-Based Immigration Policy (Washington, DC: Congressional Research Service, February 9, 2018), 3, 6-7, https://fas.org/sgp/crs/homesec/R43145.pdf. 4. Visa numbers are also available for children adopted by U.S. citizens. See U.S. Department of State, \u201cIntercountry Adoption,\u201d last accessed August 27,2021, https://travel.state.gov/content/adoptionsabroad/en.html. 5. INA \u00a7212(a) and INA \u00a7212(a)(4). Also see William A. Kandel, U.S. Family-Based Immigration Policy (Washington, DC: Congressional Research Service, February 9, 2018), 3, 6-7, https://fas.org/sgp/crs/homesec/R43145.pdf. 6. INA \u00a7201(c). 7. Ruth Ellen Wasem, U.S. Immigration Policy on Permanent Admissions (Washington, DC: Congressional Research Service, March 13, 2012), 2, https://www.fas.org/sgp/crs/homesec/RL32235.pdf. 8. INA \u00a7201(c)(1)(B)(ii). 9. Ruth Ellen Wasem, U.S. Immigration Policy on Permanent Admissions (Washington, DC: Congressional Research Service, March 13, 2012), 3- 4, https://www.fas.org/sgp/crs/homesec/RL32235.pdf. 10. Ryan Baugh, Annual Flow Report: U.S. Lawful Permanent Residents: 2019 (Washington, DC: U.S. Department of Homeland Security, Office of Immigration Statistics, September 2020, 4, https://www.dhs.gov/sites/default/files/publications/immigration- statistics/yearbook/2019/lawful_permanent_residents_2019.pdf. 11. U.S. Citizenship and Immigration Services, \u201cGreen Card Processes and Procedures,\u201d last updated June 27, 2017, https://www.uscis.gov/green-card/green-card-processes-and-procedures. An affidavit of support is a document an individual must sign to accept financial responsibility for another person who is coming to the U.S. to live permanently. Sponsors of the affidavit of support must be at least 18 years old, be a U.S. citizen or lawful permanent resident, and reside in the U.S. and provide evidence showing that their annual income is no less than 125% of the federal poverty level. See U.S. Citizenship and Immigration Services, \u201cAffidavit of Support,\u201d last updated March 19, 2021, https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support. 12. Centers for Disease Control and Prevention, \u201cCDC Requirements for Immigrant Medical Examinations: COVID-19 Technical Instructions for Panel Physicians,\u201d last updated August 17, 2021, https://www.cdc.gov/immigrantrefugeehealth/panel-physicians/covid-19-technical- instructions.html. 13. U.S. Citizenship and Immigration Services, \u201cGreen Card Processes and Procedures,\u201d last updated June 27, 2017, https://www.uscis.gov/green-card/green-card-processes-and-procedures. 14. U.S. Department of Homeland Security, 2019 Yearbook of Immigration Statistics, \u201cTable 7. Persons Obtaining Lawful Permanent Resident Status by Type and Detailed Class of Admission: Fiscal Year 2019,\u201d https://www.dhs.gov/immigration-statistics/yearbook/2019/table7. 15. Some nonimmigrant visa classifications permit foreign workers to work in the United States without an employer having first filed a petition on the foreign worker\u2019s behalf. These include such nonimmigrant classifications as E-1, E-2, E-3, and TN. U.S. Citizenship and Immigration Services, \u201cTemporary (Nonimmigrant) Workers,\u201d last updated September 7, 2011, https://www.uscis.gov/working-united-states/temporary- nonimmigrant-workers. 16. INA \u00a7201(d); U.S. Department of State, \u201cEmployment-Based Immigrant Visa,\u201d last accessed August 27, 2021, https://travel.state.gov/content/visas/en/immigrate/employment.html. 17. U.S. Department of Homeland Security, 2019 Yearbook of Immigration Statistics, \u201cTable 7. Persons Obtaining Lawful Permanent Resident Status by Type and Detailed Class of Admission: Fiscal Year 2019,\u201d https://www.dhs.gov/immigration-statistics/yearbook/2019/table7. 18. Ruth Ellen Wasem, U.S. Immigration Policy on Permanent Admissions (Washington, DC: Congressional Research Service, March 13, 2012), 2, https://www.fas.org/sgp/crs/homesec/RL32235.pdf. How the United States Immigration System Works | American Immigration Council | September 2021 Page 10 of 11 19. Ibid., 4. 20. U.S. Citizenship and Immigration Services, \u201cGreen Card Processes and Procedures,\u201d last updated June 27, 2017, https://www.uscis.gov/green-card/green-card-processes-and-procedures. Whether a visa is immediately available is determined by the foreign national\u2019s \u201cpriority date.\u201d When labor certification is required, the foreign national\u2019s \u201cpriority date\u201d is the date that the sponsor filed the application with DOL. But the \u201cpriority date\u201d does not \u201cattach,\u201d as to the foreign national\u2019s ability to receive an immigrant visa number, unless DOL issues the labor certification and USCIS approves the immigrant petition. If no labor certification is required, the \u201cpriority date\u201d is the date USCIS accepted the immigrant petition for filling, but USCIS petition approval is required for the date to \u201cattach.\u201d If the \u201cpriority date\u201d that would attach upon agency approval is current when the immigrant petition is being filed, then the foreign national, and derivatives if applicable, in lawful status in the United States, may file their adjustment applications at that time. If the annual and per country limits result in too few visas available for the demand, then a backlog occurs and the \u201cpriority date\u201d gives the foreign national a place in the backlog queue. When the \u201cpriority date\u201d is reached, then the foreign national (and derivatives, if applicable) may file an application to adjust status if lawfully in the United States and the immigrant petition is pending or has been approved. If the immigrant petition is not approved (or in some situations, was not approvable when filed), then the priority date will not \u201cattach\u201d and USCIS also will deny the adjustment applications. 21. 84 Fed. Reg. 35750, 35808 (July 24, 2019) (to be codified at 8 C.F.R. \u00a7 204.6(f)(1)-(3)). The regulations also specify how the increases are to be calculated and when. Id. 22. Ryan Baugh, Annual Flow Report: U.S. Lawful Permanent Residents: 2019 (Washington, DC: U.S. Department of Homeland Security, Office of Immigration Statistics, September 2020), 4, https://www.dhs.gov/sites/default/files/publications/immigration- statistics/yearbook/2019/lawful_permanent_residents_2019.pdf. 23. INA \u00a7202(a)(2). There are exceptions to this limit, mainly in the area of family-based immigration. For example, 75% of the second family preference immigrants are exempt from the per-country limit. See William A. Kandel, U.S. Family-Based Immigration Policy (Washington, DC: Congressional Research Service, February 9, 2018), 5-6, https://fas.org/sgp/crs/homesec/R43145.pdf. 24. 8 U.S.C. \u00a7\u00a71101 et seq. P.L. 96-212, March 17, 1980. This definition conforms with the definition used in the United Nations Convention and Protocol relating to the status of refugees. 25. INA \u00a7207(a). 26. Andorra Bruno, Refugee Admissions and Resettlement Policy (Washington, DC: Congressional Research Service, December 18, 2018), 2, https://fas.org/sgp/crs/misc/RL31269.pdf. 27. U.S. Department of State, Bureau of Population, Refugees, and Migration, \u201cRefugee Admissions Report as of July 31, 2021,\u201d https://www.wrapsnet.org/documents/Refugee%20Admissions%20Report%20as%20of%2031%20Jul%202021.xlsx. 28. Congressional Research Service, \u201cFY2021 Refugee Ceiling Increase,\u201d May 11, 2021, https://www.everycrsreport.com/files/2021-05- 11_IN11669_e3a59c7639a891e55d4ccc56ae5e18b65a3a06b3.pdf. 29. U.S. Department of State, Bureau of Population, Refugees, and Migration, \u201cRefugee Admissions Report as of August 31, 2021,\u201d https://www.wrapsnet.org/documents/Refugee%20Admissions%20Report%20as%20of%2031%20Aug%202021.xlsx. 30. INA \u00a7208. 31. U.S. Department of Homeland Security, 2019 Yearbook of Immigration Statistics, \u201cTable 16. Individuals Granted Asylum Affirmatively or Defensively: Fiscal Years 1990 to 2019,\u201d https://www.dhs.gov/immigration-statistics/yearbook/2019/table16. 32. INA \u00a7209(a). Asylees may apply for LPR status after one year but are not required to do so. There are no numerical limitations on refugee or asylee adjustments of status. 33. INA \u00a7203(c). 34. Jill H. Wilson, The Diversity Immigrant Visa Program (Washington, DC: Congressional Research Service, October 15, 2019), 1-2, https://www.everycrsreport.com/files/20191015_R45973_d9ae0040a7eeec8daf9ed3c323d008e2857b9144.pdf. 35. Ibid., 1. 36. Ibid., 2. 37. INA \u00a7203(c). 38. Elliot Spagat, \u201cIn ruling, judge throws lifeline to diversity visa lottery,\u201d Associated Press, September 5, 2020, https://apnews.com/article/virus-outbreak-politics-travel-immigration-66bb9570fdbdc12491df3057cd03b588. 39. Ibid. 40. U.S. Department of State, Monthly Immigrant Visa Issuance Statistics, \u201cIV Issuances by FSC or Place of Birth and Visa Class,\u201d October 2020- How the United States Immigration System Works | American Immigration Council | September 2021 Page 11 of 11 June 2021, https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/immigrant-visa-statistics/monthly-immigrant-visa- issuances.html. 41. Andy J. Semotiuk, \u201cOnce-In-A-Lifetime U.S. Visas To Be Lost Unless Court Intervenes,\u201d Forbes, June 23, 2021, https://www.forbes.com/sites/andyjsemotiuk/2021/06/23/once-in-a-lifetime-us-visas-to-be-lost-unless-court- intervenes/?sh=500492536d1d. 42. INA \u00a7244. Also see American Immigration Council, \u201cTemporary Protected Status: An Overview\u201d (Washington, DC: August 2021), https://www.americanimmigrationcouncil.org/research/temporary-protected-status-overview. 43. INA \u00a7244. 44. U.S. Citizenship and Immigration Services, \u201cDelayed Enforced Departure,\u201d last updated August 17, 2021, https://www.uscis.gov/humanitarian/deferred-enforced-departure. 45. U.S. Citizenship and Immigration Services, \u201cConsideration of Deferred Action for Childhood Arrivals (DACA),\u201d last updated July 19, 2021, https://www.uscis.gov/archive/consideration-deferred-action-childhood-arrivals-daca. 46. Ibid. 47. Memorandum from Elaine Duke, Acting Sec., Department of Homeland Security, to James McCament, Acting Director, U.S. Citizenship and Immigration Services et al., Subj: Memorandum on Recession of Deferred Action for Childhood Arrivals (DACA) (September 5, 2017), https://www.dhs.gov/news/2017/09/05/memorandum-rescission-daca. 48. Nina Totenburg, \u201cSupreme Court Rules for DREAMers, Against Trump,\u201d NPR, June 18, 2020, https://www.npr.org/2020/06/18/829858289/supreme-court-upholds-daca-in-blow-to-trump-administration; Dept. of Homeland Sec. v. Regents of the U. of California, 140 S. Ct. 1891 (2020). 49. Memorandum from Chad Wolf, Acting Sec. Department of Homeland Security, to Mark Morgan, Senior Official Performing the Duties of Commissioner, at al., Subj: Reconsideration of the June 15, 2012 Memorandum Entitled \u201cExercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children\u201d (July 28, 2020), https://www.dhs.gov/sites/default/files/publications/20_0728_s1_daca-reconsideration-memo.pdf. 50. Michelle Hackman, \u201cDACA Is Restored After Court Rules DHS Head Served Illegally,\u201d The Wall Street Journal, November 15, 2020, https://www.wsj.com/articles/federal-judge-invalidates-trump-administration-s-daca-rollback-11605400169?page=1; Maria Sacchetti, \u201cFederal judge restores DACA, orders DHS to accept first-time applications from immigrants,\u201d The Washington Post, December 4, 2020, https://www.washingtonpost.com/immigration/daca-restored-dreamers/2020/12/04/37254908-367a-11eb-8d38- 6aea1adb3839_story.html. 51. Maria Sacchetti and Amy B Wang, \u201cU.S. Judge blocks new applicants to program that protects undocumented \u2018dreamers\u2019 who arrived as children,\u201d The Washington Post, July 17, 2021, https://www.washingtonpost.com/immigration/daca-court-decision/2021/07/16/6c9a35be- e677-11eb-a41e-c8442c213fa8_story.html; State of Texas, et al., v. The United States of America, et al., and Karla Perez and the State of New Jersey. United States District Court: Southern District of Texas, Civil Action No. 1:18-CV-00068, July 16, 2021, https://cliniclegal.org/resources/humanitarian-relief/deferred-action-childhood-arrivals/state-texas-et-al-v-united-states. 52. Memorandum from President Joseph R. Biden, Jr., to the Attorney General and Secretary of Homeland Security, Subj: Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA), January 21, 2021, https://www.whitehouse.gov/briefing- room/presidentialactions/2021/01/20/preserving-and-fortifying-deferred-action-for-childhood-arrivals-daca/. 53. U.S. Citizenship and Immigration Services, \u201cHumanitarian or Significant Public Benefit Parole for Individuals Outside the United States,\u201d last updated August 26, 2021, https://www.uscis.gov/humanitarian/humanitarian-parole. 54. INA \u00a7319. 55. Holly Straut-Eppsteiner, U.S. Naturalization Policy (Washington, DC: Congressional Research Service, updated May 3, 2021), 3-6, https://fas.org/sgp/crs/misc/R43366.pdf. ",
    "More_about_visas.docx": "Comprehensive Guide to U.S. Immigration Law Overview U.S. immigration law is governed primarily by the Immigration and Nationality Act (INA), which outlines the various visa categories, eligibility requirements, and processes for both immigrant and non-immigrant visas. Immigrant Visas Immigrant visas are intended for individuals who wish to live permanently in the United States. Key categories include family-sponsored and employment-based visas. Family-Sponsored Immigrant Visas Immediate Relatives of U.S. Citizens (IR Visas): Types: Spouses (IR-1), unmarried children under 21 (IR-2), parents of U.S. citizens aged 21 or older (IR-5). Documents: Form I-130, proof of relationship (marriage/birth certificates), proof of U.S. citizenship, police certificates, medical examination results. Application: Filed by the U.S. citizen, processed by USCIS, then by the National Visa Center (NVC) for consular processing. Family Preference Categories: F1: Unmarried sons and daughters of U.S. citizens. F2A: Spouses and minor children of Legal Permanent Residents (LPR). F2B: Unmarried adult children of LPRs. F3: Married sons and daughters of U.S. citizens. F4: Brothers and sisters of U.S. citizens. Documents and Application: Similar to immediate relatives but include waiting periods due to annual caps\u200b (USCIS)\u200b\u200b (American Immigration Council)\u200b. Employment-Based Immigrant Visas EB-1: Priority Workers: Types: Individuals with extraordinary ability, outstanding professors/researchers, multinational executives. Documents: Form I-140, evidence of extraordinary ability, employment offer. Application: Employer or self-petitioner files Form I-140 with USCIS. EB-2: Professionals with Advanced Degrees or Exceptional Ability: Documents: Form I-140, labor certification, proof of qualifications. Application: Similar to EB-1, with additional labor market testing for certain categories. EB-3: Skilled Workers, Professionals, and Other Workers: Documents: Form I-140, labor certification, proof of skills/education. Application: Employer files Form I-140, follows similar steps to EB-2\u200b (USCIS)\u200b\u200b (American Immigration Council)\u200b. Non-Immigrant Visas Non-immigrant visas are for temporary stays in the United States. Business/Tourism Visas B-1: Business Visitor: Documents: Form DS-160, passport, visa fee receipt, invitation letter. Application: Submit DS-160, attend visa interview at a U.S. consulate. B-2: Tourist Visitor: Documents: Form DS-160, passport, visa fee receipt, proof of ties to home country. Application: Same as B-1\u200b (AUWCL)\u200b. Work Visas H-1B: Specialty Occupations: Documents: Form I-129, job offer, proof of qualifications, LCA. Application: Employer files Form I-129, visa interview follows approval. L-1: Intracompany Transferee: Documents: Form I-129, proof of employment with multinational company. Application: Employer files Form I-129, visa interview follows approval\u200b (American Immigration Council)\u200b. Student/Exchange Visitor Visas F-1: Academic Student: Documents: Form I-20, SEVIS fee receipt, Form DS-160, financial support documents. Application: Complete DS-160, pay SEVIS fee, visa interview. J-1: Exchange Visitor: Documents: Form DS-2019, SEVIS fee receipt, Form DS-160. Application: Complete DS-160, pay SEVIS fee, visa interview\u200b (AUWCL)\u200b. Resources and Legal Texts Immigration and Nationality Act (INA): The primary body of law governing immigration, found in 8 U.S.C. USCIS Guidelines: Provides comprehensive instructions on immigration procedures and policies. FAQs and Case Studies: Available on websites like USCIS, American Immigration Council, and legal education platforms. Key Resources USCIS Laws and Policy American Immigration Council Introduction to U.S. Immigration Law - American University These resources offer detailed explanations, official guidelines, and case studies to help understand and navigate U.S. immigration law. 4o ",
    "Stap_2.docx": "Objective: Extract key information and annotate the data with relevant categories such as visa type, required documents, eligibility criteria, and application processes. 1. Extract Key Information from the Documents Document: Visitor_Visa.docx Visa Types and Activities Permitted: B-1 (Business Visitor): Consulting with business associates, attending conventions/conferences, settling estates, negotiating contracts. B-2 (Tourist Visitor): Tourism, vacations, visiting friends/relatives, medical treatment, participating in social events, amateur participation in events/contests, short recreational courses. Activities Not Permitted on Visitor Visas: Study, employment, paid performances, working as foreign press, permanent residence, birth tourism. Application Process: Complete the Online Visa Application: Form DS-160. Schedule an Interview: Required for ages 14-79 (with some exceptions). Prepare for Interview: Gather documents (passport, DS-160 confirmation page, photo, application fee receipt). Additional Information: Entering the United States: Visa does not guarantee entry, determined by CBP officials. Extending Stay: Must apply for an extension through USCIS. Change of Status: Can request to change nonimmigrant status if circumstances change. Visa Renewal: Same process as initial application. Document: More_about_visas.docx Immigrant Visas: Family-Sponsored Immigrant Visas: Immediate relatives (IR visas), family preference categories (F1, F2A, F2B, F3, F4). Employment-Based Immigrant Visas: EB-1, EB-2, EB-3 categories. Non-Immigrant Visas: Business/Tourism Visas: B-1, B-2. Work Visas: H-1B, L-1. Student/Exchange Visitor Visas: F-1, J-1. Required Documents and Application Processes: Family-based: Form I-130, proof of relationship, proof of U.S. citizenship, police certificates, medical examination results. Employment-based: Form I-140, evidence of qualifications, labor certification. Document: how_the_united_states_immigration_system_works_0.pdf Principles of U.S. Immigration Law: Family reunification, valuable skills for the economy, refugee protection, promoting diversity. Law: Immigration and Nationality Act (INA). Immigrant Visas: Family-Based: Immediate relatives, preference categories. Employment-Based: Five preference categories, annual numerical limits. Non-Immigrant Visas: Temporary Visa Classifications: Over 20 types including L-1, P, R, A, O, and H visas. Refugees and Asylum: Refugee Admissions: Annual numerical ceiling set by the president. Asylum: No numerical limit, based on fear of persecution. Diversity Visa Program: Purpose: Immigration from countries with low U.S. immigration rates. Eligibility: High-school education or two years of work experience. Humanitarian Protections: Temporary Protected Status (TPS): For those who cannot return home safely. Deferred Enforced Departure (DED): Discretionary protection. Deferred Action for Childhood Arrivals (DACA): For individuals brought to the U.S. as children. Naturalization: Requirements: LPR status, residency, good moral character, English and civics exams, application fee. 2. Annotate Data Visa Type: B-1, B-2, F-1, J-1, H-1B, L-1, IR-1, IR-2, IR-5, F1, F2A, F2B, F3, F4, EB-1, EB-2, EB-3. Required Documents: Form DS-160, Form I-130, Form I-140, proof of relationship, proof of U.S. citizenship, police certificates, medical examination results, employment offer, labor certification. Eligibility Criteria: Relationship to U.S. citizen or LPR, job offer, qualifications, proof of financial support. Application Processes: Online application (DS-160), interview scheduling, documentation preparation, consular processing, adjustment of status. ",
    "Structure_1.docx": "Visa Types and Activities Permitted B-1 (Business Visitor): Consulting with business associates Attending conventions/conferences Settling estates Negotiating contracts B-2 (Tourist Visitor): Tourism Vacations Visiting friends/relatives Medical treatment Participating in social events Amateur participation in events/contests Short recreational courses Activities Not Permitted on Visitor Visas Study Employment Paid performances Working as foreign press Permanent residence Birth tourism Application Process Complete the Online Visa Application: Form DS-160 Schedule an Interview: Required for ages 14-79 (some exceptions apply) Prepare for Interview: Gather documents: passport, DS-160 confirmation page, photo, application fee receipt Additional Information Entering the United States: Visa does not guarantee entry; determined by CBP officials Extending Stay: Apply for an extension through USCIS Change of Status: Request change in nonimmigrant status if circumstances change Visa Renewal: Same process as initial application Document: More_about_visas.docx Immigrant Visas Family-Sponsored Immigrant Visas: Immediate Relatives (IR visas): IR-1 (spouses), IR-2 (unmarried children under 21), IR-5 (parents) Family Preference Categories: F1 (unmarried adult children of U.S. citizens), F2A (spouses and minor children of LPRs), F2B (unmarried adult children of LPRs), F3 (married sons and daughters of U.S. citizens), F4 (brothers and sisters of U.S. citizens) Employment-Based Immigrant Visas: EB-1: Priority Workers (individuals with extraordinary ability, outstanding professors/researchers, multinational executives) EB-2: Professionals with advanced degrees or exceptional ability EB-3: Skilled workers, professionals, and other workers Non-Immigrant Visas Business/Tourism Visas: B-1 (Business Visitor) B-2 (Tourist Visitor) Work Visas: H-1B (Specialty Occupations) L-1 (Intracompany Transferee) Student/Exchange Visitor Visas: F-1 (Academic Student) J-1 (Exchange Visitor) Required Documents and Application Processes Family-Based Visas: Form I-130, proof of relationship, proof of U.S. citizenship, police certificates, medical examination results Employment-Based Visas: Form I-140, evidence of qualifications, labor certification Document: how_the_united_states_immigration_system_works_0.pdf Principles of U.S. Immigration Law Family reunification, valuable skills for the economy, refugee protection, promoting diversity Law: Immigration and Nationality Act (INA) Immigrant Visas Family-Based Visas: Immediate relatives (no numerical limit) Preference categories (annual numerical limits) Employment-Based Visas: Five preference categories with annual numerical limits Non-Immigrant Visas Temporary Visa Classifications: Over 20 types, including L-1 (intracompany transfers), P (athletes/entertainers), R (religious workers), A (diplomatic employees), O (extraordinary ability), H (skilled/unskilled workers) Refugees and Asylum Refugee Admissions: Annual ceiling set by the president Asylum: No numerical limit, based on fear of persecution Diversity Visa Program Purpose: Immigration from countries with low U.S. immigration rates Eligibility: High-school education or two years of work experience Humanitarian Protections Temporary Protected Status (TPS): For those who cannot return home safely Deferred Enforced Departure (DED): Discretionary protection Deferred Action for Childhood Arrivals (DACA): For individuals brought to the U.S. as children Naturalization Requirements: LPR status, residency, good moral character, English and civics exams, application fee Next Steps Review the cleaned and standardized data. Use the annotated data for further processing, analysis, or model training as required. "
}