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U.S. IMMIGRATION POLICY:
YESTERDAY AND TODAY
Nogales Border Fence At NightHugh Cabot
WEEK 2
How Immigration Works Today
How Immigration Works Today
• Visa
• Immigrant Visa
• Nonimmigrant Visa
• Dual-Intent Visa
• Refugee
• Asylee
Some Key Terms
How Immigration Works Today
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
• 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.
How Immigration Works Today
Hart-Cellar Act of 1965
How Immigration Works Today
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
How Immigration Works Today
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.”
How Immigration Works Today
Visa Exemptions: U.S. Citizens(For temporary residence only)
How Immigration Works Today
Visa Exemptions: Non-U.S. Citizens (For temporary residence only)
The United States and its territoriesVisa free countriesVisa Waiver Program countriesVisa required for entry to the US
• 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
How Immigration Works Today
Visas are Issued by the U.S. State Department
The law presumes that every applicant is intending to immigrate permanently unless proven otherwise
How Immigration Works Today
Visas and Visa Services
• Temporary (N0nimmigrant)
• Dual-Intent
• Permanent (Immigrant)
How Immigration Works Today
Visa Types
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
• 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
B1 / B2 combined visa
Border Crossing Card
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
Visa is valid as long as the holder maintains “valid student status,” plus a 60 day grace period
Indian Students queue at U.S. Embassy in Mumbai for visa interview
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 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 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
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
H2A visa holders at Happy Valley Farm, Viroqua, WI
H2B photo collage from a visa assistance firm
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
Exchange program visitor from Serbia cuts vegetables in Anchorage on a J-1 visa program
International interns in the city of Sandusky, OH
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
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
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
How Immigration Works Today
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
How Immigration Works Today
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)
How Immigration Works Today
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
How Immigration Works Today
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
How Immigration Works Today
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
How Immigration Works Today
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
Each category has a 10,000 annual cap
EB5 investors the Zeung family visit Green Valley Hospital
How Immigration Works Today
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
How Immigration Works Today
Outside the Visa System: Refugees and Asylees
Annual cap of approx. 50,000 for refugees / 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
U.S. IMMIGRATION POLICY:
YESTERDAY AND TODAY
Nogales Border Fence At NightHugh Cabot
Visas By the Numbers
Visas By the Numbers
Immigrant (Permanent) Visas
Source: U.S. Dept. of State
Approx. 560,000 in 2017
Source: U.S. Dept. of State
Visas By the Numbers
Immigrant Visas in 2017
194,000
226,000
140,000
Immediate Relatives Family-Based Employment-Based
Visas By the Numbers
Permanent Residents and Naturalizations
Source: CNN
Number of Legal Permanent Residents and Naturalized Citizens by Year
1986 IRCA
Visas By the Numbers
Nonimmigrant (Temporary) Visas
Source: U.S. Dept. of State
Approx. 9.7 million in 2017
Source: U.S. Dept. of State
Visas By the Numbers
Nonimmigrant Visas in 2017
7,470,000
920,000
430,000
390,000 590,000
Temp. Business / Tourism Extended Business Student Exchange Programs Other
Visas By the Numbers
Refugee / Asylee Admissions
Source: CBD News
1980 Refugee Act
U.S. IMMIGRATION POLICY:
YESTERDAY AND TODAY
Nogales Border Fence At NightHugh Cabot
OBSERVATIONS QUESTIONS
COMMENTS