Study Finds USCIS Issued more than 7.4 Million Work Permits in ‘Shadow System’

The Center for Immigration Studies released more data today on the amount of work permits issued by the U.S. Citizenship and Immigration Services (USCIS) above and beyond the legal limits set by Congress. The data show that between 2009 and 2014, USCIS issued more than 7.4 million work permits to individuals who would not automatically receive a work permit because they were either in the country illegally or entered the U.S. on a visa that didn’t include one.

According to CIS, “Because neither lawful permanent residents (green card holders) nor temporary work visa holders need a work permit, this amounts to a huge parallel immigrant work authorization system outside the numerical limits and categories set by Congress. The huge number of work permits being issued above and beyond these limits inevitably reduces opportunities for U.S. workers, damages the integrity of the immigration system, and encourages illegal immigration.”

The new data support CIS’s claim of a “shadow system” for gaining work permits being created by the agency that NumbersUSA reported on earlier this month.

The new data show that:

• Of the 7.4 million work permits issued, 4.7 million were new issuances and 2.7 million were renewals. This shows that many of the work permits were issued on a long-term basis, and not just to bridge a minor, temporary gap in status, as some defenders of the administration’s actions have claimed.
• The categories that showed the fastest growth in issuances are some of the most controversial types of issuances. For example, issuances to illegal aliens, tourists, students, and family members of temporary workers doubled over the time period. This suggests that recent policy changes with respect to these types of aliens could be responsible for the increases.
• The issuance of work permits is problematic even if the aliens are applying to adjust to a green card or other legal status, because the work permit essentially allows them to jump in line and work legally even before the green card or new status has been approved. This is unfair to applicants who are waiting their turn in their home country.
• All of the largest categories of aliens receiving work permits had approval rates of 90 percent or more. The approval rate for work permits for illegal border crossers was 90 percent; for tourists was 93 percent; and for the unknown/unreported (presumably DACA and TPS) it was 94 percent.
• Students were approved at a rate of 96 percent, and dependents of H-1B guest workers, who are not authorized to work as a matter of law, were 91 percent.

Upon the release of the report, Jessica Vaughan, the Director of Policy Studies for CIS, wrote the following:

These statistics confirm the concerns raised recently in federal court, that the Obama administration is flagrantly abusing its ability to grant work permits in order to get around the limits on legal admissions that are set by Congress to protect job opportunities for Americans. This is happening on a massive scale that goes way beyond deferred action and authorized humanitarian programs. Congress should not wait for the courts to stop these harmful policies; it should take steps now to rein in President Obama’s executive overreach and restore the integrity of our immigration system.

Read the full report