1. The Freedom of Information Act disclosure included a Microsoft Excel file. U.S. Citizenship and Immigration Services, “Form I‑140, I‑360, I‑526 Approved EB Petitions Awaiting Visa Final Priority Dates by Preference Category as of November 12, 2019,” November 2019, https://www.cato.org/sites/cato.org/files/pubs/pdf/USCIS_FOIA_EB_backlog.pdf.
2. U.S. Citizenship and Immigration Services, “Count of Approved Petitions as of April 20, 2018 with Priority Date on or after May 2018 Department of State Visa Bulletin,” April 23, 2018, https://www.uscis.gov/sites/default/files/files/nativedocuments/Count_of_Approved_I-140_I-360_and_I-526_Petitions_as_of_April_20_2018_with_a_Priority_Date_On_or_After_May_2018.PDF.
3. 8 U.S.C. 1153(b)(1); and “Employment-Based Immigration: First Preference EB‑1,” U.S. Citizenship and Immigration Services, last updated October 29, 2015, https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-first-preference-eb‑1.
4. 8 U.S.C. 1153(b)(2); and “Employment-Based Immigration: Second Preference EB‑2,” U.S. Citizenship and Immigration Services, last updated October 29, 2015, https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-second-preference-eb‑2.
5. 8 U.S.C. 1153(b)(3); and “Employment-Based Immigration: Third Preference EB‑3,” U.S. Citizenship and Immigration Services, last updated July 15, 2015, https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-third-preference-eb‑3.
6. 8 U.S.C. 1153(b)(3)(A)(iii); the statutory cap of 10,000 for other workers was temporarily reduced to 5,000; and “Section 203(e) of the Nicaraguan Adjustment and Central American Relief Act passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105–139, provides that once the Employment Third Preference Other Worker (EW) cutoff date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year.” See “Visa Bulletin for February 2020,” Bureau of Consular Affairs, Department of State, January 9, 2020, https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2020/visa-bulletin-for-february-2020.html.
7. 8 U.S.C. 1153(b)(4); and “Employment-Based Immigration: Fourth Preference EB‑4,” U.S. Citizenship and Immigration Services, last updated July 19, 2019, https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-fourth-preference-eb‑4.
8. 8 U.S.C. 1153(b)(5); investment amounts were raised from $500,000 to $1 million to $900,000 to $1.8 million in 2019, but everyone in the backlog remains eligible under the earlier investment amounts; and see “EB‑5 Immigrant Investor Program,” U.S. Citizenship and Immigration Services, https://www.uscis.gov/eb‑5.
9. “Visa Bulletin for November 2019,” Bureau of Consular Affairs, Department of State, October 9, 2019, https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2020/visa-bulletin-for-november-2019.html.
10. U.S. Citizenship and Immigration Services (USCIS) fails to record the exact number of waiting spouses and children, so it estimates them indirectly by looking at the share of green cards ultimately awarded to family. USCIS suggested using the Department of Homeland Security’s 2016 Yearbook of Immigration Statistics, but Figure 2 uses the more recent 2018 yearbook to show the share of beneficiaries by type of applicant. See Department of Homeland Security (DHS), Yearbook of Immigration Statistics (Washington: DHS, 2019), Table 7, https://www.dhs.gov/immigration-statistics/yearbook/2018/table7.
11. EB‑2 and EB‑3 are combined because every EB‑2 applicant can refile under EB‑3 (i.e., “port”) when those waits become shorter than EB‑2.
12. Abandonment would also account for immigrants who were the beneficiaries of multiple petitions, although U.S. Citizenship and Immigration Services (USCIS) removed petitions that were withdrawn or had expired from its disclosure of the backlog numbers. See USCIS, “Form I‑140, Immigrant Petition for Alien Worker: Number of Petitions and Approval Status for All Countries by Fiscal Year Received and Approval Status, Fiscal Years 2009 to 2019,” November 2019, https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports and Studies/Immigration Forms Data/Employment-based/I140_by_class_country_FY09_19.pdf.
13. Stuart Anderson, “Indians Immigrating to Canada at an Astonishing Rate,” Forbes, February 3, 2020, https://www.forbes.com/sites/stuartanderson/2020/02/03/indians-immigrating-to-canada-at-an-astonishing-rate/#7631c2ac2b5f.
14. Jonah Engel Bromwich, “Killing in Kansas Bar Put Victim’s Widow at Risk of Deportation,” New York Times, September 13, 2017, https://www.nytimes.com/2017/09/13/us/widow-deported-indian-kansas.html.
15. “Visa Bulletin for February 2020.”
16. “Report of the Visa Office 2019,” Bureau of Consular Affairs, Department of State, 2020, https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/annual-reports/report-of-the-visa-office-2019.html; and USCIS, “Form I‑140, Immigrant Petition for Alien Worker.”
17. “Report of the Visa Office,” Tables V–VI.
18. Bureau of Labor Statistics, “Usual Weekly Earnings of Wage and Salary Workers—Fourth Quarter 2019,” news release no. USDL-20–0049, Department of Labor, January 17, 2020, https://www.bls.gov/news.release/pdf/wkyeng.pdf.
19. “Final Vote Results for Roll Call 437,” Office of the Clerk, U.S. House of Representatives, July 10, 2019, http://clerk.house.gov/evs/2019/roll437.xml.
20. This was estimated based on labor certifications, which include some EB-3O immigrants and leaves out some EB‑2 immigrants subject to national interest waivers of the labor certification requirement. A breakdown of these by country is not available.
21. DHS, Yearbook of Immigration Statistics, Table 7.
22. “Report of the Visa Office 2019”; and “Visa Bulletin for February 2020.”
23. For ages for children, see Department of Homeland Security (DHS), Yearbook of Immigration Statistics (Washington: DHS, 2019), Table 8, https://www.dhs.gov/immigration-statistics/yearbook/2018/table8; and for ages for adults, see USCIS, Characteristics of H‑1B Specialty Occupation Workers: Fiscal Year 2017 Annual Report to Congress (Washington: DHS, April 9, 2018), https://www.uscis.gov/sites/default/files/files/nativedocuments/Characteristics_of_H-1B_Specialty_Occupation_Workers_FY17.pdf.
24. “Visa Bulletin for February 2020”; and USCIS, “Form I‑140, Immigrant Petition for Alien Worker.”
25. USCIS, “Form I‑140, Immigrant Petition for Alien Worker.”
26. “OFLC Performance Data,” OFLC, Department of Labor, updated January 8, 2020, https://www.foreignlaborcert.doleta.gov/performancedata.cfm.
27. USCIS, “Form I‑140, Immigrant Petition for Alien Worker.”