Family Members Use Most Employment-Based Green Cards

Many critics of American immigration policy claim there is too much emphasis on family reunification and not enough on employment. It’s not a problem that families can reunify in the United States, but those critics are right that the American immigration system highly favors families – even in the employment-based green card category set-aside for workers.

The underlying issue is that the families of immigrant workers must use employment-based green cards. Instead of a separate green card category for spouses and children, they get a green card that would otherwise go to a worker. In 2012, 56 percent of all supposed employment-based green cards went to the family members of workers. The other 44 percent went to the actual workers. 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 of approximately 140,000 a year. If family members were exempted from the quota, or there was a separate green card for them, an additional 81,245 highly skilled immigrant workers could have entered in 2012 without increasing the quota.

In addition, 87.5 percent of those who gained an employment-based green card in 2012 were already legally living in the United States. 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 double the number of highly skilled workers who could enter.

Here are some other exemption options:

  • A certain number of workers who adjust their status could be exempted in the way the H-1B visa exempts 20,000 graduates of American universities from the cap.
  • Workers could be exempted from the cap if they have a higher level of education, like a graduate degree or a PhD.
  • Workers could be exempted if they show five or more years of legal employment in the United States.
  • Workers could be exempted based on the occupation they intend to enter. This is a problem because in involves the government choosing which occupations are deserving, but so long as it leads to a general increase in the potential numbers of skilled immigrant workers without decreasing them elsewhere, the benefits will outweigh the harms.

 

2012 Employment Based Green Cards

  EB 1 EB 2 EB 3* EB 4^ EB 5~   All EB Percent
Workers`

16,286

24,719

17,689

1,703

2,295

 

62,692

43.56%

Workers Adjusted`

15,770

24,261

15,297

1,400

428

 

57,156

 
Workers New Arrivals`

516

458

2,392

303

1,867

 

5,536

 
Family

23,030

26,240

21,532

6,153

4,290

 

81,245

56.44%

Family Adjusted

22,029

25,153

15,906

5,240

501

 

68,829

 
Family New Arrival

1,001

1,087

5,626

913

3,789

 

12,416

 
             

0

 
Adjustment of Status

37,799

49,414

31,203

6,640

929

 

125,985

87.53%

New Arrival

1,517

1,545

8,018

1,216

5,656

 

17,952

12.47%

                 
Total

39,316

50,959

39,221

7,856

6,585

 

143,937

 
                 
  EB 1 EB 2 EB 3* EB 4^ EB 5~      
Workers Adjusted

96.83%

98.15%

86.48%

82.21%

18.65%

     
Worker New Arrivals

3.17%

1.85%

13.52%

17.79%

81.35%

     
                 
Family Adjusted

95.65%

95.86%

73.87%

85.16%

11.68%

     
Family New Arrivals

4.35%

4.14%

26.13%

14.84%

88.32%

     
*Some data on spouses and children withheld.          
^Some data on spouses, children, and workers withheld.        
`Investors for the EB-5.              
~Some data on spouses, children, and investors withheld.        
Source: 2012 Yearbook of Immigration Statistics