David J. Bier Profile picture
Cato Institute Director of Immigration Studies, The Selz Foundation Chair in Immigration Policy at Cato, not CATO. "Beer," not Buyer. Libertarian, Not Left

Jun 13, 2023, 12 tweets

Legal immigration is *impossible* for nearly all immigrants wishing to immigrate to the U.S. legally.

You can’t just “get in line.” That’s a fiction perpetuated by those who want to keep immigration illegal.

My latest report explains why. Here’s the summary in 1 pic... 🧵

U.S. immigration law's basic premise is that all immigrants are *guilty* until proven innocent.

Immigration is ILLEGAL unless you prove you fall into a narrow eligible category.

The result is that over 99% of people who want to immigrate legally cannot do so.

No one outside the U.S. is eligible for a green card unless they fall into one of five narrow exceptions...
⬇️
First Option: America’s Refugee Program—Accepts about 1 in 5,000 displaced people around the world, and the percentage accepted keeps dropping year after year.

Second Option: The Diversity Lottery—Accepts fewer than 1 in 500 applicants.

Because the lottery excludes the top-origin countries for legal immigrants, a majority of the world’s population is ineligible to apply.

3rd Option: Family Sponsorship—Only available to the closest relatives of U.S. citizens & green card holders—and still has a backlog of nearly 7 million thanks to an annual cap of just 226,000.

Most new sponsors in most categories will *die* before their relatives can immigrate.

Fourth Option: Self-Sponsorship—Available only to
-those with “extraordinary ability,”
-people with advanced degrees or “exceptional ability” who also have projects of “national importance,” and
-$800K-$1M investors who create 10 jobs in 2 years.

Not viable for many

Fifth/Final Option: Employer Sponsorship—Made impossible by red tape and low caps.

The normal employer-sponsored applicant will suffer through this insane filing maze, which can take between 2 and 3 years of processing time and cost tens of thousands of dollars.

Very few employers are willing to do this process except for the highest-skilled workers, and even then, only if they can get them an H-1B work visa first to allow workers to work while the process plays out.

But fewer than 1 in 5 can get a visa through the H-1B lottery anyway.

Even if employers win the H-1B lottery, no U.S. workers apply, and wait years, there is a backlog that is many times the annual cap.

Half the workers are from India, and thanks to the individual country caps, nearly all new Indian applicants will die without getting a green card

AS IMPORTANTLY, there’s no year-round, low-skilled guest worker visa *at all.*

Their employers have to go through a years-long process, hoping they get a worker and hoping that the worker stays with them when they get here.

Vanishingly few even try.

The U.S. historically had a much higher rate of legal immigration than it does now, and the U.S. ranks low compared to other wealthy countries for immigrants per capita.

We’d need over 75 million immigrants *tomorrow* to catch Australia.

The status quo has no justification.

This is a very broad overview.

My new #CatoImmigration paper is a detailed explanation of the rules of U.S. legal immigration in as jargon-free language as possible. It is a resource for policymakers & the public seeking to understand the system better.
cato.org/policy-analysi…

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