U.S. IMMIGRATION POLICY: YESTERDAY AND TODAY. WEEK 2 How Immigration Works Today. Nogales Border Fence At Night Hugh Cabot

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1 U.S. IMMIGRATION POLICY: YESTERDAY AND TODAY WEEK 2 How Immigration Works Today Nogales Border Fence At Night Hugh Cabot

2 Some Key Terms Visa Immigrant Visa Nonimmigrant Visa Dual-Intent Visa Refugee Asylee

3 Hart-Cellar Act of 1965 / Refugee Act of 1980 President Johnson signs the Hart Cellar Act on Ellis Island, 1965 President Carter signs the Refugee Act of 1980

4 Hart-Cellar Act of 1965 National origin quotas replaced by a two-tier system of immigration preferences: Family- based ( family reunification / chain migration ) Employment-based ( merit ) Total annual immigration caps established and allocated for: The Western Hemisphere (North and South America) The Eastern Hemisphere (Europe, Asia, Africa, Oceania) Immediate relatives of U.S citizens not subject to caps New non-immigrant visa categories created for tourists, business people, temporary workers, students, etc.

5 Refugee Act of 1980 Provided a permanent and systematic procedure for the admission and resettlement of refugees Created a new definition of refugee based on the UN Convention and Protocol on the Status of Refugees: any person who is outside his or her country of residence or nationality, or without nationality, and is unable or unwilling to return to that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Annual quota of 55,000 was established for refugees

6 The Visa A citizen of a foreign country who seeks to enter the United States generally must first obtain a U.S. Visa, which is placed in the traveler s passport, a travel document issued by the traveler s country of citizenship.

7 Visa Exemptions: U.S. Citizens (For temporary residence only)

8 Visa Exemptions: Non-U.S. Citizens (For temporary residence only) The United States and its territories Visa free countries Visa Waiver Program countries Visa required for entry to the US

9 Visas are Issued by the U.S. State Department Applicants must obtain a passport from their country of residence Applicants must participate in a personal interview at a U.S. Consulate Applicants for nonimmigrant visas must demonstrate that: They plan to enter the US for a specific stated purpose They plan to remain for a limited period They have a residence as well as binding ties outside the US that ensure their return The law presumes that every applicant is intending to immigrate permanently unless proven otherwise

10 Visas and Visa Services

11 Visa Types Temporary (N0nimmigrant) Dual-Intent Permanent (Immigrant)

Mexican citizens B1 / B2 combined visa Valid for up to 10 years total / up to 6 months per

12 Nonimmigrant Visas Temporary Business and Tourist Visas B1: Temporary business visa B2: Temporary tourist visa B1 / B2: Combined business / tourist visa BCC: Border Crossing Card for Mexican citizens B1 / B2 combined visa Valid for up to 10 years total / up to 6 months per visit Approximately 7 million issued each year, accounting for 0ver 25 million visits Border Crossing Card

13 Nonimmigrant Visas Student Visas F1: Full-time college students F2: Spouses of F-1 holders F3: Student border commuters M1: Full-time vocational school students M2: Spouses of M-1 holders Indian Students queue at U.S. Embassy in Mumbai for visa interview Visa is valid as long as the holder maintains valid student status, plus a 60 day grace period Student visa slide presentation from UTEP

Nonimmigrant Visas Temporary Worker Visas H1B: Professional-level jobs that require a minimum of a bachelor's degree Sponsored by a specific employer Required wage equal to the wage paid by the

14 Nonimmigrant Visas Temporary Worker Visas H1B: Professional-level jobs that require a minimum of a bachelor's degree Sponsored by a specific employer Required wage equal to the wage paid by the employer to similarly qualified workers Term is 3 years, extendable up to 10 years Dual Intent: Can move to permanent immigrant status H4: Immediate family members of H visa holders Also may be eligible for employment with DHS authorization Also may be dual-intent

Nonimmigrant Visas Temporary Worker Visas H2A: Temporary agricultural workers Sponsored by a specific employer Required wage equal to the wage paid by the employer to

months, with a maximum 3- year limit for applicants H2A visa holders at Happy Valley Farm, Viroqua, WI H2B: Temporary non-agricultural workers Similar to H1A, but

15 Nonimmigrant Visas Temporary Worker Visas H2A: Temporary agricultural workers Sponsored by a specific employer Required wage equal to the wage paid by the employer to similarly qualified workers Employer must prove that no US citizens are available for the work Employer must provide for housing and meals Typical term is up to 10 months, with a maximum 3- year limit for applicants H2A visa holders at Happy Valley Farm, Viroqua, WI H2B: Temporary non-agricultural workers Similar to H1A, but without housing and food requirements Common occupations include landscaping, housekeeping, recreational workers Term of visa is 5 years H2B photo collage from a visa assistance firm

established by the duration of the exchange program J2: Spouses and dependents of J1 holders Also may be eligible for work with DHS

16 Nonimmigrant Visas Cultural Exchange Visitors J1: Researchers, academics, and other visitors participating in cultural exchange programs Common programs include researchers, academics, au pairs, camp counselors, students, teachers, summer work/study Term is established by the duration of the exchange program J2: Spouses and dependents of J1 holders Also may be eligible for work with DHS authorization International interns in the city of Sandusky, OH Exchange program visitor from Serbia cuts vegetables in Anchorage on a J-1 visa program

17 Non-Immigrant Visas Fiancés (Fiancées) of U.S. Citizens K1: Fiancés, fiancées, or same-sex partners of US citizens Dual Intent: Can move to permanent immigrant status May be eligible for employment K2: Dependent children of K1 holders Also dual-intent May be eligible for employment Advertisement for K1 Visa from NYC Law Frim

18 Non-Immigrant Visas Employees of International Companies L1: Employees of international companies with offices in the U.S. Term is extendable up to 7 years Dual Intent: Can move to permanent immigrant status L2: Spouses and dependent children of L1 holders Also dual Intent May be eligible for employment

19 Nonimmigrant Visas Other Nonimmigrant Visas A: G: I: O: P: R: TN: U/T: Representatives of foreign governments, their families, and staff Representatives of international NGOs, their families, and staff Members of foreign media Aliens "who possesses extraordinary ability in sciences, arts, education, business, athletics. Athletes, artists, entertainers, as well as their dependents and necessary staff Temporary religious workers as well as their dependents Temporary workers from Canada or Mexico under special NAFTA program and their dependents Victims of crimes and human trafficking and their immediate family members

20 Immigrant Visas Must be applied for by petition of a U.S. citizen a lawful permanent resident, or a recognized U.S. corporate entity A close family member A U.S. employer, non-profit, or school After petition is approved, the applicant must go through the normal visa process Visa application Interview at U.S. Consulate

21 Immigrant Visa Categories Immediate relatives of U.S. citizens Family-based preference Employment-based preference Diversity immigrants IR1 Immigrant Visa Permanent Residence Card (Green Card)

22 Immediate Relatives of U.S. Citizens IR1: Spouses of U.S. citizens IR2: Minor Children of U.S. citizens IR3/4: Minor children adopted / to be adopted by U.S. citizens IR5: Parents of U.S. citizens No annual limit on IR visas

23 Family-Based Preference Categories F1: Unmarried adult children of U.S. citizens, and their minor children (First preference) F2: Spouses, minor children, and unmarried adult children of legal permanent residents (Second preference) F3: Married adult children of U.S. citizens, their spouses and their minor children (Third preference) F4: Brothers and sisters of adult U.S. citizens, their spouses, and their minor children (Fourth preference) Total 240,000 annual cap for all F categories

24 Employment-Based Preference Categories EB1: Priority workers including aliens with extraordinary abilities (First preference) Includes outstanding academics and multinational executives EB2: Members of professions holding advanced degrees or persons of exceptional ability (Second preference) Exceptional ability means having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business EB3: Skilled workers, professionals and other qualified workers (Third preference) Skilled workers require 2 years of training. Professionals require baccalaureate degree Each category has a 40,000 annual cap

25 Employment-Based Preference Categories (cont.) EB4: Certain special immigrants including those in religious vocations (Fourth preference) Includes veterans of US Armed Forces, translators, religious workers EB5: Immigrant investors (Fifth preference) Investors and their immediate families creating employment with minimum $500,000 investment EB5 investors the Zeung family visit Green Valley Hospital Each category has a 10,000 annual cap

26 Diversity Immigrants Lottery for all applicants meeting requirements of any F or EB immigrant category Winners allocated among F and EB categories Diversity lottery has a 50,000 annual cap

27 Outside the Visa System: Refugees and Asylees Governed by Refugee Act of 1980 Applicable to any person who is outside his or her country of residence or nationality, or without nationality, and is unable or unwilling to return to that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Requires sponsorship to assure that the refugee will not become a public charge May be rescinded if conditions change in the refugee s home country Form I-94 (Arrival-Departure card) used in lieu of Visa However, refugee may apply for a permanent residence card (green card) after one year Annual cap of approx. 50,000 for refugees / asylees

28 U.S. IMMIGRATION POLICY: YESTERDAY AND TODAY Visas By the Numbers Nogales Border Fence At Night Hugh Cabot

29 Visas By the Numbers Immigrant (Permanent) Visas Approx. 560,000 in 2017 Source: U.S. Dept. of State

30 Visas By the Numbers Immigrant Visas in , , ,000 Immediate Relatives Family-Based Employment-Based Source: U.S. Dept. of State

31 Visas By the Numbers Permanent Residents and Naturalizations 1986 IRCA Number of Legal Permanent Residents and Naturalized Citizens by Year Source: CNN

32 Visas By the Numbers Nonimmigrant (Temporary) Visas Approx. 9.7 million in 2017 Source: U.S. Dept. of State

33 Visas By the Numbers Nonimmigrant Visas in , , , ,000 7,470,000 Temp. Business / Tourism Extended Business Student Exchange Programs Other Source: U.S. Dept. of State

34 Visas By the Numbers Refugee / Asylee Admissions 1980 Refugee Act Source: CBD News

35 U.S. IMMIGRATION POLICY: YESTERDAY AND TODAY OBSERVATIONS QUESTIONS COMMENTS Nogales Border Fence At Night Hugh Cabot

The Law Office of Linda M. Hoffman, P.C. Visa and Immigration Options

The Law Office of Linda M. Hoffman, P.C. 919 18 th Street, N.W., Suite 250 Washington, D.C. 20006 Tel: (202) 331-9450 Fax: (202) 466-8151 www.hoffmanvisalaw.com Immigrant Visa Green Card Visa and Immigration