Immigration Laws Legal Enforcement Website. legal entry to the USA Citizenship regulations, interpretation immigrants. USA BOrders. Security Laws Congress Border Fence.

Current Cap Count for Non-Immigrant Worker Visas For Fiscal Year 2007

What is a “Cap”?

The word “Cap” refers to annual numerical limitations set by Congress on the numbers of workers authorized to be admitted on different types of visas or authorized to change status if already in the United States.

H-1B

Established by the Immigration Act of 1990 (IMMACT), the H-1B nonimmigrant visa category allows U.S. employers to augment the existing labor force with highly skilled temporary workers. H-1B workers are admitted to the United States for an initial period of three years, which may be extended for an additional three years. The H-1B visa program is utilized by some U.S. employers to employ foreign workers in specialty occupations that require theoretical or technical expertise in a specialized field. Typical H-1B occupations include architects, engineers, computer programmers, accountants, doctors and college professors. The H-1B visa program also includes fashion models. The current annual cap on the H-1B category is 65,000.

H-1B Advanced Degree Exemption

The H-1B Visa Reform Act of 2004, which took effect on May 5, 2005, changed the H-1B filing procedures for FY 2005 and for future fiscal years. The Act also makes available 20,000 new H-1B visas for foreign workers with a Master’s or higher level degree from a U.S. academic institution.

	Cap	Beneficiaries Approved	Beneficiaries Pending	Beneficiary Target ¹	Total	Date of Last Count
H-1B	58,200 ²	------	------	------	Cap Reached	5/26/2006
H-1B Advanced Degree Exemption	20,000	5,295	10,326	21,000	15,208	7/11/2006³
H-1B (FY 06)	58,200	------	------	------	Cap Reached	8/10/2005
H-1B Advanced Degree Exemption (FY 06)	20,000	------	------	------	Cap Reached	1/17/2006

¹ Refers to the estimated numbers of beneficiary applications needed to reach the cap, with an allowance for denials and revocations. Each target is subject to revision later in the cap cycle as more petitions are processed.
² 6,800 visas are set aside during the fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool can be made available for H-1B use with start dates beginning on October 1, 2006, the start of FY 2007. USCIS has added the projected number of unused H-1B1 Chile/Singapore visas to the FY 2007 H-1B cap as announced in the H-1B Press Release, dated June 1, 2006.
³ The numbers on the table for H-1B Advanced Degree Exemption include only receipted petitions. As of July 11, 2006, an estimated 800 I-129 H-1B petitions seeking the Advanced Degree exemption had yet to be receipted. Several hundred of these petitions were received prior to July 11, 2006.

H-1B1

An H-1B1 is a national of Chile or Singapore coming to the Unites States to work temporarily in a specialty occupation. The law defines specialty occupation as a job that requires a bachelor’s degree or higher. The beneficiary must have a bachelor’s degree relating to the job offer. Through May 2006, 301 H-1B1s counted against the FY 2006 H-1B1 cap. The combined statutory limit is 6,800 per year. Based on the H-1B1 usage to date, USCIS has reasonably projected that 700 H-1B1 visa numbers will be used in FY 2006. The projected number of 6,100 unused H-1B1 visas for FY 2006 has been incorporated and applied to the FY 2007 H-1B cap.

H-2B

The H-2B visa category allows U.S. employers in industries with peak load, seasonal or intermittent needs to augment their existing labor force with temporary workers. The H-2B visa category also allows U.S. employers to augment their existing labor force when necessary due to a one-time occurrence which necessitates a temporary increase in workers. Typically, H-2B workers fill labor needs in occupational areas such as construction, health care, landscaping, lumber, manufacturing, food service/processing, and resort/hospitality services.

On May 25, 2005, U.S. Citizenship and Immigration Services (USCIS) began accepting additional petitions for H-2B workers as required by the Save Our Small and Seasonal Businesses Act of 2005 (SOS Act). The SOS Act allowed USCIS to accept filings beginning May 25, 2005 for two types of H-2B workers seeking work start dates as early as immediately:

For FY 2005 and 2006: All “returning workers,” meaning workers who counted against the H-2B annual numerical limit of 66,000 during any one of the three fiscal years preceding the fiscal year of the requested start date. This means:

In a petition for a work start date before October 1, 2005 (FY 2005), the worker must have been previously approved for an H-2B work start date between October 1, 2001 and September 30, 2004.
In a petition for a work start date on or after October 1, 2005 (FY 2006), the worker must have been previously approved for an H-2B work start date between October 1, 2002 and September 30, 2005.

If a petition was approved only for “extension of stay” in H-2B status, or only for change or addition of employers or terms of employment, the worker was not counted against the numerical limit at that time and, therefore, that particular approval cannot in itself result in the worker being considered a “returning worker” in a new petition. Any worker not certified as a “returning worker” will be subject to the numerical limitation for the relevant fiscal year.

What is the H-2B numerical limit set by Congress?

The numerical limit refers to the number of visas issued by Department of State (DOS) to first-time workers and to the number of persons changing to H-2B status determined by USCIS. For FY 2006, the total annual numerical limit or cap is 66,000. Approximately 99 percent of the cap is made up of visas.

Why does USCIS authorize more H-2B workers than the statutory limit?

Employers often decide after submitting a H-2B petition that the workers are no longer needed. However, USCIS still processes these petitions (notification from employers that workers are no longer needed is rare) and sends the approved petitions to DOS for consular processing. If the employers no longer request these workers, DOS will not issue visa for these workers. As a result, workers authorized to work by USCIS will exceed the number of visas issued---the basis of the statutory limit. Another factor is that DOS denies some visas even though USCIS has approved petitions for these workers.

	Cap	Beneficiaries Approved	Beneficiaries Pending	Beneficiaries Target ¹	Total	Date of Last Count
H-2B 1st Half	33,000	------	------	------	Target Reached	12/15/2005
H-2B 2nd Half	33,000 ²	------	------	------	Target Reached	4/4/2006
H-2B Annual (FY 06)	66,000 ³	------	------	------	Target Reached	4/4/2006

¹ Refers to the estimated numbers of beneficiary applications needed to reach a cap, with an allowance for withdrawals, denials and revocations.
² A shortfall in the 1st half would be made up in the 2nd half.
³ Visas issued to 1st-time beneficiaries plus 1st-time beneficiaries changing status already in the United States.
H-3

The H-3 nonimmigrant visa category is for aliens who are coming temporarily to the U.S. to receive training (other than graduate medical education or training). The training may be provided by a business entity, academic, or vocational institute. The H-3 nonimmigrant visa category also includes aliens who are coming temporarily to the U.S. to participate in a special education training program for children with physical, mental, or emotional disabilities. There is a limit of 50 visas per fiscal year allocated to H-3 aliens participating in special education training programs. As of May 23, 2006, a total of 6 of these H-3 visas had been approved in FY 2006

Student Information
School Information
Student and Exchange Visitors Program, or SEVP on the U.S. Immigration and Customs Enforcement website

The Immigration and Nationality Act provides two nonimmigrant visa categories for persons wishing to study in the United States. The "F" visa is reserved for nonimmigrants wishing to pursue academic studies and/or language training programs, and the "M" visa is reserved for nonimmigrants wishing to pursue nonacademic or vocational studies.

F-Academic Students and M-Vocational Students Requirements

Foreign students seeking to study in the U.S. may enter in the F-1 or M-1 category provided they meet the following criteria:

The student must be enrolled in an "academic" educational program, a language-training program, or a vocational program;
The school must be approved by U.S. Citizenship and Immigration Services (USCIS);
The student must be enrolled as a full-time student at the institution;
The student must be proficient in English or be enrolled in courses leading to English proficiency;
The student must have sufficient funds available for self-support during the entire proposed course of study; and
The student must maintain a residence abroad which he/she has no intention of giving up.

Click to find out more specific information about becoming an academic student in the United States.

Click to find out more specific information about studying the English language in the United States.

Click to find out more specific information about becoming a vocational student in the United States.

Information on How to Apply for the Student Visa, Visa Ineligibility/Waiver, Student Employment can be obtained via Visa Services at Department of State Website.

Also see Sec. 641 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 (Pub. L. 104-208). Section 641 of IIRIRA is one of the catalysts behind a new interagency initiative known as the Student Exchange and Visitors Program, or SEVP program. SEVP is designed to improve processes for foreign students and exchange visitors holding F, J, and M visas, and schools, colleges and other organizations sponsoring programs for these visa holders.

SEVP will facilitate and automate several processes affecting foreign students, such as:

Visa issuance
admissions to the U.S.;
benefit requests; and
information reporting.

Please visit the Student and Exchange Visitors Program, or SEVP website at U.S. Immigration and Customs Enforcement for more information.

Useful information for Schools

Obtaining Approval to Receive Nonimmigrant Students

Petition for Approval, Form I-17, must be filed with the district office with jurisdiction for the the locality where the school is located. There are two types of foreign students, F-1 and M-1 nonimmigrants. A school may be approved for F and/or M students, as described below. However, an individual student's classification depends on his/her principal educational goals.

F-1: Approval for attendance of academic students may be solicited by an accredited college or university that awards bachelors, masters, doctorate or professional degrees; an accredited community or junior college that provides instruction in the liberal arts or the professions and awards associate degrees; a seminary; a conservatory; an academic high school; a private elementary school; or an institution that provides language training, instruction in the liberal arts, the fine arts or the professions, or instruction in one or more of these disciplines.

M-1: Approval for the attendance of non-academic students may be solicited by a community college or junior college that provides vocational or technical training and awards associate degrees; a vocational high school; a trade school or a school of nonacademic training other than language training.

Current USCIS regulations recognize the following as approved schools:

A school operated as a public educational institution by federal, state, or local government; and
A school accredited by a nationally recognized accrediting agency.

If an institution of higher education does not fall into one of these two categories, it must submit evidence that its course credits are accepted by at least three accredited schools.

If a private elementary or public or private secondary school does not fallinto one of these two categories, it must submit evidence that it satisfies the compulsory attendance requirements of the state in which it is located and that it qualifies graduates for acceptance by approved schools at a higher educational level, and in the case of a private elementary or secondary school, that it is accredited by an accrediting organization, certified by the U.S. Department of Education's Office of Non-Public Education.

Approval Process

Petition for approval (Form I-17) is filed in duplicate with the district director in the school's locality. The following requirements must also be met:

The Form I-17 must be signed by an officer of the institution who has authority to sign contracts.
The petitioning school must submit certification indicating that it is licensed, approved, and/or accredited.

Exchange Visitors Visas
Financial Resources
Scholastic Preparation
Medical Education and Training
Forms/Petitions
Admission through a U.S. Port of Entry
Student and Exchange Visitors Program on the U.S. Immigration and Customs Enforcement (ICE) website

Exchange Visitors Visas

The Immigration and Nationality Act (INA) provides two nonimmigrant visa categories for persons to participate in exchange visitor programs in the United States. The "J" visa is for educational and cultural exchange programs designated by the Department of State, Bureau of Consular Affairs, and the "Q" visa is for international cultural exchange programs designated by the U.S. Citizenship and Immigration Services (USCIS).

The "J" exchange visitor program is designed to promote the interchange of persons, knowledge, and skills in the fields of education, arts, and sciences. Participants include students at all academic levels; trainees obtaining on-the-job training with firms, institutions, and agencies; teachers of primary, secondary, and specialized schools; professors coming to teach or do research at institutions of higher learning; research scholars; professional trainees in the medical and allied fields; and international visitors coming for the purpose of traveling, observing, consulting, conducting research, training, sharing, or demonstrating specialized knowledge or skills, or participating in organized people-to-people programs.

The "Q" international cultural exchange program is for the purpose of providing practical training and employment, and the sharing of the history, culture, and traditions of the participant's home country in the United States.

BACKGROUND REQUIREMENTS

Financial Resources
Participants in the "J"exchange visitor program must have sufficient funds to cover all expenses, or funds must be provided by the sponsoring organization in the form of a scholarship or other stipend. "Q" exchange visitors will be paid by their employing sponsor at the same rate paid to local domestic workers similarly employed.

Scholastic Preparation
"J" exchange visitors must have sufficient scholastic preparation to participate in the designated program, including knowledge of the English language, or the exchange program must be designed to accommodate non-English speaking participants. The "Q" exchange visitor must be at least 18 years old and be able to communicate effectively about the cultural attributes of his or her country.

Medical Education and Training
Exchange visitors coming under the "J" program for graduate medical education or training must meet certain special requirements. These requirements include passing the Foreign Medical Graduate Examination in Medical Sciences, demonstrating competency in English, being automatically subject to the two-year foreign residence requirement (after completion of their program), and being subject to time limits on the duration of their program. Physicians coming to the United States on exchange visitor programs for the purpose of observation, consultation, teaching, or conducting research in which there is little or no patient care are not subject to the above requirements.

Forms/Petitions
Participants in the "J" program must present a Form DS-2019 Certificate of Eligibility for Exchange Visitor (J-1) Status prepared by a designated sponsoring organization.
Participants in the "Q" program must have the designated sponsoring organization file Form I-129, Petition for Nonimmigrant Worker, with the U.S. Citizenship and Immigration Services (USCIS). For more details on how to file for a Q petition, please see the Temporary Workers section.

Admission through a U.S. Port of Entry
Applicants should be aware that a visa does not guarantee entry into the United States. The U.S. Customs and Border Protection (CBP) has authority to deny admission. Also, the CBP, not the Department of State Consular Officer, determines the period for which the bearer of an exchange visitor visa is authorized to stay in the United States. At the port of entry, a CBP official stamps and endorses Form I-94, Record of Arrival-Departure, specifying the period of time that the alien is authorized to stay in the United States.

For information on Visa Application Procedures and other related information about exchange visitors, please visit the Visa Services Website of the Department of State. More specific information can be found at the Department of State Exchange Visitor (J) Visas Website.

Student and Exchange Visitors Program (SEVP)
Also see Sec. 641 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 (Pub. L. 104-208). Section 641 of IIRIRA is one of the catalysts behind a new interagency initiative, the Student and Exchange Visitors Program (SEVP). SEVP is designed to improve processes for foreign students and exchange visitors holding F, J and M visas, and schools, colleges and other organizations sponsoring programs for these visa holders.

SEVP will facilitate and automate several processes affecting exchange visitors, such as:

Visa issuance
admissions to the U.S.;
benefit requests; and
information reporting.

See the Student and Exchange Visitors Program on the U.S. Immigration and Customs Enforcement (ICE) website.

How Do I Become a K-Nonimmigrant as the Spouse or Child of a U.S. Citizen? (K-3 and K-4 Visa Classifications)

Background
Where Can I Find the Law?
Who is Eligible?
How Do I Apply?
Will I Get a Work Permit?
Can I Travel Outside the United States?
How Can I Check the Status of My Application?
Can Anyone Help Me?

Background
The Legal Immigration Family Equity Act and its amendments (LIFE Act) established a new nonimmigrant category within the immigration law that allows the spouse or child of a U.S. citizen to be admitted to the United States in a nonimmigrant category. The admission allows the spouse or child to complete processing for permanent residence while in the United States. It also allows those admitted in the new category to have permission for employment while they await processing of their case to permanent resident status.

Where Can I Find the Law?
The Immigration and Nationality Act is a law that governs immigration to the United States. For the part of the law concerning K-3/4 nonimmigrants and their process of applying for permanent residence status, please see INA § 214 (nonimmigrant status); and, § 204 and § 245 (immigration petition and adjustment of status). The specific eligibility requirements and procedures for qualifying as a K-3/4, obtaining that status and applying for permanent residence are included in the Code of Federal Regulations [CFR] at 8 CFR § 214, 204, and 245.

Who is Eligible?
A person may receive a K-3 visa if that person:

has concluded a valid marriage with a citizen of the United States;
has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person;
seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and,
has an approved Form I-129F, Petition for Alien Fiance, forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse,

A person may receive a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible to be a K-3.

How Do I Apply?
So that the alien spouse and child may apply for a K-3 nonimmigrant visa for a spouse and a K-4 nonimmigrant visa for a child, the citizen must file Form I-130 on behalf of the alien spouse with the applicable Service Center having jurisdiction over the citizen’s place of residence. The citizen petitioner will then receive a Form I-797, Notice of Action, indicating that the I-130 has been received by the USCIS. The citizen should then file a copy of this I-797, along with a Form I-129F on behalf of the alien spouse and any children, to the following address:

U.S. Citizenship and Immigration Services
P.O. Box 7218
Chicago, IL 60680-7218

Petitioners should be careful to follow all instructions on each form and provide the Service with all necessary documentation. Following adjudication of the Form I-129F, the petition will be forwarded to the applicable consulate so that the alien beneficiary or beneficiaries may apply to the Department of State for nonimmigrant K-3/K-4 visas.

Will I Get a Work Permit?
Persons in K-3 or K-4 status and applicants for adjustment to permanent resident status from K-3 or K-4 are eligible to apply for a work permit while their cases (Form I-130 or Form I-485) are pending. You should use USCIS Form I-765 (Application for Employment Authorization) to apply for a work permit. If you are in K-3/K-4 status, you must submit the application by mailing a Form I-765 along with the $100 application fee to:

U.S. Citizenship and Immigration Services
P.O. Box 7218
Chicago, IL 60680-7218

You do not need to apply for a work permit once you adjust to permanent resident status. As a lawful permanent resident, you should receive a permanent resident card that will prove that you have a right to live and work in the United States permanently. Please see How Do I Get a Work Permit? for more information.

Can I Travel Outside the United States?
If you are in K-3 or K-4 status, you may travel using your unexpired K-3/K-4 nonimmigrant visa to travel outside of the United States and return, even if you are applying for adjustment of status simultaneously.

How Can I Check the Status of My Application?
Please contact the USCIS office that received your application. You should be prepared to provide the USCIS staff with specific information about your application. Please click here for complete instructions on checking the status of your application. Please click here for more information on USCIS offices.

Can Anyone Help Me?
If advice is needed, you may contact the USCIS District Office near your home for a list of community-based, non-profit organizations that may be able to assist you in applying for an immigration benefit. Please see our USCIS field offices home page for more information on contacting USCIS offices.

Section 4 - Program Results/Accountability
Number	Question	Answer	Score
4.1	Has the program demonstrated adequate progress in achieving its long-term outcome performance goals? Explanation: The ultimate goal of the Detention and Removal Program is to remove all removable aliens. This includes all aliens that receive final orders of removal from an immigration judge and meet the following criteria: 1) They are not currently serving a criminal sentence; 2) They do not qualify for Temporary Protective Status; 3) They are from a country with whom the United States has a repatriation agreement. DRO has increased its number of removals each year for the last few years and continues to work with the State Department to obtain approval for the removal of aliens to countries that are reluctant to accept their returned citizens. With the implementation of its Strategic Plan, DRO developed additional measures to include the number of final orders issued. With future emphasis on fugitive operations, criminal aliens and alternatives to detention, it is expected that the appearance rate of aliens at proceedings will increase significantly. Evidence: DRO Strategic Plan Six-Year Business Plan	YES	20%
4.2	Does the program (including program partners) achieve its annual performance goals? Explanation: In recent years, DRO has met its annual performance goals. DRO is also on track to meets its goals for FY2003. These goals were developed over time as DRO conducted a lengthy and comprehensive strategic planning process. The resulting strategic plan will be viewed as a living document and program goals may evolve to an even more mature level as the program itself progresses. Evidence: Monthly GPRA Reports (Removals & Custody Management)	LARGE EXTENT	13%
4.3	Does the program demonstrate improved efficiencies or cost effectiveness in achieving program performance goals each year? Explanation: DRO continually strives to keep detention per capita costs, the major component of the program budget, down. Financial professionals review bed cost proposals to determine if they are reasonable. DRO also utilizes free Bureau of Prisons bed space when available and appropriate. Evidence: Monthly GPRA Reports (Removals & Custody Management)	LARGE EXTENT	13%
2004	The Department will ensure collection of critical performance data for the program's new measures.	No action taken	The Department and the program have not ensured the collection of performance data.
2004	The Department will work to develop cost effectiveness measures for the program.	No action taken	The Department and the program have not developed cost models for detention beds and have not developed cost effectiveness measures for the program.

Section 4 - Program Results/Accountability

Number

Question

Answer

Score

4.1

Has the program demonstrated adequate progress in achieving its long-term outcome performance goals?

Explanation: The ultimate goal of the Detention and Removal Program is to remove all removable aliens. This includes all aliens that receive final orders of removal from an immigration judge and meet the following criteria: 1) They are not currently serving a criminal sentence; 2) They do not qualify for Temporary Protective Status; 3) They are from a country with whom the United States has a repatriation agreement. DRO has increased its number of removals each year for the last few years and continues to work with the State Department to obtain approval for the removal of aliens to countries that are reluctant to accept their returned citizens. With the implementation of its Strategic Plan, DRO developed additional measures to include the number of final orders issued. With future emphasis on fugitive operations, criminal aliens and alternatives to detention, it is expected that the appearance rate of aliens at proceedings will increase significantly.

Evidence: DRO Strategic Plan Six-Year Business Plan

YES

20%

4.2

Does the program (including program partners) achieve its annual performance goals?

Explanation: In recent years, DRO has met its annual performance goals. DRO is also on track to meets its goals for FY2003. These goals were developed over time as DRO conducted a lengthy and comprehensive strategic planning process. The resulting strategic plan will be viewed as a living document and program goals may evolve to an even more mature level as the program itself progresses.

Evidence: Monthly GPRA Reports (Removals & Custody Management)

LARGE EXTENT

13%

4.3

Does the program demonstrate improved efficiencies or cost effectiveness in achieving program performance goals each year?

Explanation: DRO continually strives to keep detention per capita costs, the major component of the program budget, down. Financial professionals review bed cost proposals to determine if they are reasonable. DRO also utilizes free Bureau of Prisons bed space when available and appropriate.

Evidence: Monthly GPRA Reports (Removals & Custody Management)

LARGE EXTENT

13%

2004

The Department will ensure collection of critical performance data for the program's new measures.

No action taken

The Department and the program have not ensured the collection of performance data.

2004

The Department will work to develop cost effectiveness measures for the program.

No action taken

The Department and the program have not developed cost models for detention beds and have not developed cost effectiveness measures for the program.

Detailed Information on the
Immigration and Customs Enforcement: Detention and Removal Assessment

View this program’s assessment summary.

Visit ExpectMore.gov to learn more about how Federal Government programs are assessed and their plans for improvement.

Learn more about detailed assessments.

Program Code

10001069

Program Title

Immigration and Customs Enforcement: Detention and Removal

Department Name

Dept of Homeland Security

Agency/Bureau Name

Dept of Homeland Security

Program Type(s)

Direct Federal Program

Assessment Year

2003

Assessment Rating

Moderately Effective

Assessment Action Scores

Section	Score
Program Purpose & Design	100%
Strategic Planning	100%
Program Management	86%
Program Results/Accountability	67%

Program Funding Level
(in millions)

FY2005	$1302
FY2006	$1450
FY2007	$2076

Questions/Answers

Section 1 - Program Purpose & Design

Number

Question

Answer

Score

1.1

Is the program purpose clear?

Explanation: The mission of the Detention and Removal Program (DRO) is to promote public safety and national security by ensuring the departure from the United States of all removable aliens through the fair and effective enforcement of the nation's immigration laws. This includes all aliens that receive final orders of removal from an immigration judge and meet the following criteria: 1) They are not currently serving a criminal sentence; 2) They do not qualify for Temporary Protective Status; 3) They are from a country with whom the United States has a repatriation agreement. DRO serves as the last critical step in the immigration enforcement process. Other programs such as the U.S. Border Patrol, Immigration Inspections and Immigration Investigations identify and apprehend aliens in violation of immigration law. However, DRO manages those cases through immigration proceedings and then conducts the final removal of the alien.

Evidence: Detention and Removal Strategic Plan

YES

20%

1.2

Does the program address a specific and existing problem, interest, or need?

Explanation: The primary goal of the Detention and Removal Program is to remove all aliens not entitled to be in the United States. Case management involves placing aliens in proceedings to determine whether they are allowed to remain in the United States or must leave. Approximately 400,000 aliens have received final orders of removal but are not confirmed to have departed the United States. In order to improve removal rates, the Detention and Removal Program employs several tools, including the detention of certain aliens to ensure removal. However, when a final order of removal is not confirmed, DRO must act through activities, such as Fugitive Operations, to locate and apprehend those aliens who have remained beyond their removal order. The United States has a growing criminal alien population that poses a potential threat to both public safety and national security. These aliens are convicted of deportable crimes and may even be issued orders of removal by an immigration judge. Their removal from the country is essential to ensure public safety and national security.

Evidence: Detention and Removal Strategic Plan

YES

20%

1.3

Is the program designed so that it is not redundant or duplicative of any Federal, state, local or private effort?

Explanation: The Detention and Removal Program is the only program in government that removes aliens with final orders of removal. Aliens are identified and apprehended by other programs such as Immigration Investigations, the Border Patrol, and Immigration Inspections. Aliens may also be identified by state and local law enforcement jurisdictions. However, DRO is the only entity to manage their cases through immigration proceedings and then execute final orders of removal that are issued by an immigration judge. DRO utilizes other entities to assist in their detention responsibilities, including the Federal Bureau of Prisons (BOP), and the United States Marshal Service (USMS). DRO's approach to case management must be multi-pronged to address a diverse population of aliens. This includes detaining some aliens, releasing others with certain conditions, and placing others in alternative settings such as female facilities, family shelter care, halfway houses, or under electronic monitoring. Those held in detention have requirements that differ from traditional incarceration. ICE detainees are held for purely administrative processing. The standards of their confinement require that they have what is needed to understand their rights and participate fully in the immigration process. Unlike criminal cases, they do not have the right to an attorney provided at government expense. Consequently, they must have access to legal materials, communication with consular officials, and pro bono or hired counsel, where appropriate.

Evidence: Detention and Removal Strategic Plan

YES

20%

1.4

Is the program design free of major flaws that would limit the program's effectiveness or efficiency?

Explanation: There is no evidence that another approach would be more efficient or effective in removing all aliens not entitled to be in the U.S. Although recent increases in workload (apprehensions, incarcerated criminals, etc) for DRO has outpaced certain staffing increases, the Program is well organized to perform its mission to remove aliens. DRO has undertaken several integrated initiatives to decrease the backlog of cases such as dedicated Fugitive Operations teams, a Most Wanted list, and various Alternatives to Release pilot programs. These illustrate a more sophisticated approach to backlog reduction.

Evidence: Detention and Removal Strategic Plan

YES

20%

1.5

Is the program effectively targeted, so program resources reach intended beneficiaries and/or otherwise address the program's purpose directly?

Explanation: DRO is designed by program activities. Resources for these activities are coded so that expended funds and positions can be tracked to specific activities. This ensures that resources are utilized directly for their intended purpose. There are currently six program elements under DRO for tracking resources: Alternatives to Detention, Case Management, Custody Management, Fugitive Operations, Institutional Removal Program (IRP), and Transportation & Removals Management.

Evidence: DRO internal tracking, Definition of Program Elements

YES

20%

Section 1 - Program Purpose & Design

Score

100%

Section 2 - Strategic Planning

Number

Question

Answer

Score

2.1

Does the program have a limited number of specific long-term performance measures that focus on outcomes and meaningfully reflect the purpose of the program?

Explanation: The program has engaged in an extensive strategic and business planning process and has developed outcome goals and measures for the program. The ultimate goal of the Detention and Removal Program is to remove all removable aliens from the United States. This measure illustrates the desired outcome of completing the immigration enforcement process. The outcome is measurable because it is possible to count the number of final orders of removal that are issued and then compare them to the number of removals completed within the same time period. DRO also has measures that represent subsets of the removable alien populations that are addressed by different initiatives. DRO is developing efficiency measures such as appearance rates for immmigration proceedings and removals. These measures will demonstrate improvement in the weaker areas of the removals process.

Evidence: Detention and Removal Strategic Plan Six-Year Business Plan

YES

12%

2.2

Does the program have ambitious targets and timeframes for its long-term measures?

Explanation: The program has developed an ambitious "golden measure" goal of having the number of final order removals excecuted and the number of final orders of removal issued equal one. Along with this overarching goal are a number of other performance indicators that have been developed to monitor progress in achieving that goal. The program has set milestones and targets so that by the end of FY 2009, it will reach a 100% removal rate and will eliminate the fugitive population. This will require not only increasing the productivity rate for removals, but also establishing and strengthening initiatives that impede the growth of the fugitive population. DRO will also increase its capacity to identify, process, and remove criminal aliens among the incarcerated population. Each of these milestones has been laid out in the DRO six-year business plan.

Evidence: Detention and Removal Strategic Plan Six-Year Business Plan

YES

12%

2.3

Does the program have a limited number of specific annual performance measures that demonstrate progress toward achieving the program's long-term measures?

Explanation: DRO has developed a six-year business plan (FY2004-2009) to implement its strategic plan with annual milestones and targets. This business plan will accompany the program's FY 2005 budget submission in June 2003. This plan focuses on each of the program's priorities and lists annual increments of productivity necessary so that the combined efforts of each priority will lead to fulfillment of the overall DRO strategic goal by the end of FY 2009. The business plan will also define the resources needed to reach each successive increment of productivity. As part of the strategic and business plan development for this program, a number specific goals have been developed that will show progress towards achieving the stratgic goal of the program.

Evidence: Six-Year Business Plan

YES

12%

2.4

Does the program have baselines and ambitious targets and timeframes for its annual measures?

Explanation: DRO has established annual targets and milestones so that by the end of FY 2009, it will have established a 100% removal rate and will have eliminated the backlog of fugitive aliens. These targets were established using baseline data collected in the drafting of the Detention and Removal Strategic Plan. They are ambitious, requiring the program to more than double its productivity in a six-year period. All relevant components of the business process for detaining and removing removable aliens have been baselined and ambitious targets established for annual measures.

Evidence: Monthly GPRA Reports (Removals & Custody Management) Six-Year Business Plan

YES

12%

2.5

Do all partners (including grantees, sub-grantees, contractors, cost-sharing partners, etc.) commit to and work toward the annual and/or long-term goals of the program?

Explanation: DRO must partner with other immigration programs for enforcement resources to be employed most effectively. DRO has identified a position to liaison with the Bureau of Customs and Border Protection. However, the new structure has not been in place long enough to demonstrate significant results. DRO continues to work closely with state and local law enforcement in the areas of IRP and Fugitive Operations. The Law Enforcement Support Center (LESC) also acts as a conduit for communication to state and local law enforcement so that the DRO activities can be accomplished in a more efficient and effective manner. DRO has also implemented the Detention Management and Control Plan (DMCP) to ensure the compliance of contracted facilities with those standards required for alien confinement. Detention facilities are inspected annually against the 37 standards. Regarding removals goals, DRO must partner with the Executive Office of Immigration Review and the ICE Office of the Principal Legal Advisor (OPLA) to be sure that cases are processed efficiently and that DRO is aware of removal orders as soon as they are issued. To address weaknesses in these areas DRO is conducting a pilot program in Hartford, CT, where ICE officers have access to the courtrooms where immigration hearings take place. Likewise, the OPLA constructed its FY05 budget request stressing the integration of its performance with DROs case management performance. This will help to balance the workload between the two offices and provide greater effectiveness overall.

Evidence: DRO Strategic Plan Monthly GPRA Reports (Custody Management)

YES

12%

2.6

Are independent and quality evaluations of sufficient scope and quality conducted on a regular basis or as needed to support program improvements and evaluate effectiveness and relevance to the problem, interest, or need?

Explanation: Until March 2003 (due to transition to DHS), the legacy INS Office of Internal Audit (OIA) provided regular reviews of DRO components. OIA conducted briefings on findings with field and HQ managers, as well as provided written reports of findings. OIA actively tracks all open recommendations from program assessment findings, IG audits, and GAO investigations. The Office of the Inspector General, Department of Justice produced reports on aspects of immigration detention and removal. It is assumed that the OIA function will still occur and that a DHS Inspector General will conduct follow-up reviews to what had been initially reported by the Department of Justice. GAO reviews have also been conducted on the major portions of this program.

Evidence: INSpect Review Guides for Detention and Removal, OIA program assessment reports, "Review of Operations" prepared legacy INS Office of Internal Audit DOJ IG Reports [I-2003-004 - INS' Removal of Aliens Issued Final Orders, I-2001-009 - Unaccompanied Juveniles in INS Custody, I-2001-005 - INS Escort of Criminal Aliens, 02-41 - INS Institutional Removal Program], multiple GAO reportes (1988 -- present).

YES

12%

2.7

Are Budget requests explicitly tied to accomplishment of the annual and long-term performance goals, and are the resource needs presented in a complete and transparent manner in the program's budget?

Explanation: DRO has developed a six-year business plan to accompany its FY 2005 budget formulation. The business plan addresses each of the program's priorities and identifies annual milestones and targets leading to fulfillment of the strategic goal in FY 2009. The outcomes shown in the business plan are the basis for determining the resource requirements. The desired outcomes are identified first and the required resources are then calculated based upon those outcomes. The business plan will be updated annually to inform budget requests.

Evidence: Six-Year Business Plan, Department of Homeland Security Budget Requests

YES

12%

Section 2 - Strategic Planning

Section 3 - Program Management

Number

Question

Answer

Score

3.1

Does the agency regularly collect timely and credible performance information, including information from key program partners, and use it to manage the program and improve performance?

Explanation: The agency collects performance information on a monthly basis in the form of removal reports and detention reports. This information is generated by the Deportable Alien Control System (DACS) the primary data system for DRO. Other more complex data or data from other sources are generally collected and analyzed on a quarterly basis. Performance information is collected and reported monthly to the Program Manager and Head of the Agency. Corrective measures are implemented or emphasis placed on areas based on performance data. Briefings or one-on-one meetings held as needed. As DRO is the only entity to conduct final order removals, we only rely on our own data systems to track that information. Inspections of detention facilities are completed by DRO officers. Therefore, data to measure compliance goals would come directly from DRO, rather than a partner. When constructing its resource requirements, DRO also relies on information from other immigration enforcement programs such as the Border Patrol. Any increase in Border Patrol resources will mean additional apprehensions generating greater demand for bed space, case management and removal resources. Therefore, DRO must use information from other programs to illustrate its piece of the information process. Generally, the information is gathered from planning and budget counterparts in those programs.

Evidence: Monthly Removals Report Monthly Detention Report, Monthly Performance Reports

YES

14%

3.2

Are Federal managers and program partners (grantees, subgrantees, contractors, cost-sharing partners, etc.) held accountable for cost, schedule and performance results?

Explanation: Traditionally, fulfillment of GPRA performance goals have been a critical element of Performance Work Plans (PWP) for program and field managers, thereby requiring their accountability regarding performance. It is anticipated that PWPs under the new Department will contain similar, or more likely enhanced, accountability features. Additionally, the DMCP ensures the compliance of detention program partners regarding ICE standards. Adherence to those standards promotes the timely processing of detained aliens, thereby supported the fulfillment of DRO removal goals. Since the implementation of the new program elements, DRO has been able to collect resource data related to the program activities. The Federal Financial Management System (FFMS) provides the financial data. The National Finance Center and our Position Tracking System provide personnel data. This data collection method began in FY 2003 and is being used to identify a baseline. The data is also under evaluation to determine that the methodology is sound and understood by the users. As these new accounting procedures are refined, DRO will be able to ensure manager accountability by cost, schedule, and corresponding performance results.

Evidence: DRO Internal tracking, Definition of Program Elements

YES

14%

3.3

Are all funds (Federal and partners') obligated in a timely manner and spent for the intended purpose?

Explanation: DRO does obligate funds in a timely manner based upon spending plans and operational requirements. To better identify the link between specific activities and expenditures, DRO has introduced six new program elements. These were implemented in FY 2003 and will be used to establish a baseline that can be referenced in future budget and planning exercises. By having access to a greater level of financial detail, DRO management will increase the reliability and effectiveness of their decision-making.

Evidence: Various FFMS Reports DRO Internal tracking, Definition of Program Elements

YES

14%

3.4

Does the program have procedures (e.g., competitive sourcing/cost comparisons, IT improvements, approporaite incentives) to measure and achieve efficiencies and cost effectiveness in program execution?

Explanation: DRO has simplified its management structure as part of its transition to the Department of Homeland Security, removing two management layers. Bed space, a major cost category, is acquired competitively and in the case of Inter Governmental Service Agreements, a financial contractor will evaluate proposals. Program activities are reviewed for efficiency and initiatives begun to implement improvements. Examples are the Removals and Escort Country Clearance (RECC) system, centralized ticketing, alternatives to detention and video teleconferencing. Efficiency and effectiveness are also measured through long-term and annual performance measures that are consistent with the Strategic Plan. DRO is currently developing an efficiency measure in the form of appearance rates for immigration hearings and for removal. The data for this measure is not yet easily available, but the Program has recognized the importance of this information to measure progress toward our goals and the overall performance of our strategic initiatives. The effect that an initiative has on appearance rates will demonstrate its success toward eliminating the growth of the absconder population. Since June 9, 2003, DRO has been an autonomous program and can take a more active approach to improving efficiencies. To do this, DRO has implemented pilot programs such as the one in Hartford, CT and another at Rikers Island, New York. The Rikers Island pilot involves full ICE staffing at that facility for 90 days to determine the resource requirements for ICE to provide nationwide Institutional Removal Program coverage of all incarcerated aliens. Both pilots will also document best practices that can be employed in other parts of the country. With the final reports from each pilot, ICE will make more informed resource requests and deployment decisions.

Evidence: DRO Strategic Plan , DRO Organizational Chart Six-Year Business Plan

YES

14%

3.5

Does the program collaborate and coordinate effectively with related programs?

Explanation: Coordination with other related programs is key to management of the Detention and Removal Program, as the outputs of immigration law enforcement activities become the inputs to removal proceedings. The transition to the new Department of Homeland Security has made coordination with other programs more critical as DRO customers are now located in different bureaus within Homeland Security. To improve collaboration, DRO has taken a series of steps. First, the program's field structure is geographically aligned with that of the Investigations program. This will make ICE field level coordination smoother. Additionally, DRO has created a liaison position with the Bureau of Customs and Border Protection. Finally, DRO is coordinating its budget submission for FY 2005-2009 so that it reflects the projected productivity of the other immigration enforcement programs. The program, however, still does not coordinate effectively (and does not have signed MOUs) for two critical areas of operations: unaccompanied juvenile detention with the Office of Refugee Resettlement (ORR), Department of Health and Human Services (HHS); and the procurement of non-federal detention space through the Office of Federal Detention Trustee (OFDT).

Evidence: ICE Organizational Chart DRO Organizational Chart DRO FY05-09 Budget Submission

3.6

Does the program use strong financial management practices?

Explanation: DRO program is free of material internal control weaknesses reported by auditors, and the financial information related to the program is accurate and timely.

Evidence: Independent Auditor's Report on Internal Controls, Definition of Program Elements, INSpect review reports, DOJ IG review of bond management (# I-98-18)

YES

14%

3.7

Section 3 - Program Management

Program Performance Measures

Term

Type

Long-term/Annual

Outcome

Measure: Removals as a percentage of final orders issued (under development)

Explanation:DRO should conduct remove one alien for every removal order that is issued by an immigration judge. The tragets for FY 2006 and beyond will need to be revised based upon the change in calculation of the removal rate.

Year	Target	Actual
2005	81%	50.7%
2006	81%
2007	85%
2008	89%
2009	93%
2010	97%
2011	100%

Annual

Outcome

Measure: Number of completed removals

Explanation:Targets have not been set for removals, but DRO will set targets based upon proposed revisions to the removal rate calculations.

Year	Target	Actual
2001	n/a	107,556
2002	n/a	116,157
2003	n/a	145,953
2004	n/a	162,083
2005	n/a	132,202

Annual

Output

Measure: Appearance Rates for Immigration Hearings (under development)

Explanation:DHS wants to discontinue this measures

Year	Target	Actual
2001	n/a	n/a

Annual

Output

Measure: Appearance Rates for Removal

Explanation:DHS wants to discontinue this measure.

Year	Target	Actual
2001	n/a	NA

Program Follow-up Actions

Year Began

Follow-up Action

Status

Comments

2004

The Budget proposes to expand the program's initiatives to improve performance in removing all removable aliens.

Action taken, but not completed

The 2007 Budget has significant increases for this program, including the resources to detain all other-than-Mexicans at the Southwest border.

Detailed Information on the Immigration and Customs Enforcement: Detention and Removal Assessment

Questions/Answers

Program Performance Measures

Measure: Removals as a percentage of final orders issued (under development)

Measure: Number of completed removals

Measure: Appearance Rates for Immigration Hearings (under development)

Measure: Appearance Rates for Removal

Program Follow-up Actions

Detailed Information on the
Immigration and Customs Enforcement: Detention and Removal Assessment