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

U.S. IMMIGRATION POLICY: YESTERDAY AND TODAY WEEK 2 …tegnos.org/files/US_Immigration_Week_2_Slides2.pdf · 2018-11-11 · U.S. IMMIGRATION POLICY: YESTERDAY AND TODAY Nogales Border

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Page 1: U.S. IMMIGRATION POLICY: YESTERDAY AND TODAY WEEK 2 …tegnos.org/files/US_Immigration_Week_2_Slides2.pdf · 2018-11-11 · U.S. IMMIGRATION POLICY: YESTERDAY AND TODAY Nogales Border

U.S. IMMIGRATION POLICY:

YESTERDAY AND TODAY

Nogales Border Fence At NightHugh Cabot

WEEK 2

How Immigration Works Today

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How Immigration Works Today

• Visa

• Immigrant Visa

• Nonimmigrant Visa

• Dual-Intent Visa

• Refugee

• Asylee

Some Key Terms

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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

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• 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

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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

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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.”

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How Immigration Works Today

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

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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

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• 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

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How Immigration Works Today

Visas and Visa Services

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• Temporary (N0nimmigrant)

• Dual-Intent

• Permanent (Immigrant)

How Immigration Works Today

Visa Types

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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)

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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

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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

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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

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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

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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

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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

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U.S. IMMIGRATION POLICY:

YESTERDAY AND TODAY

Nogales Border Fence At NightHugh Cabot

Visas By the Numbers

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Visas By the Numbers

Immigrant (Permanent) Visas

Source: U.S. Dept. of State

Approx. 560,000 in 2017

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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

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Visas By the Numbers

Permanent Residents and Naturalizations

Source: CNN

Number of Legal Permanent Residents and Naturalized Citizens by Year

1986 IRCA

Page 32: U.S. IMMIGRATION POLICY: YESTERDAY AND TODAY WEEK 2 …tegnos.org/files/US_Immigration_Week_2_Slides2.pdf · 2018-11-11 · U.S. IMMIGRATION POLICY: YESTERDAY AND TODAY Nogales Border

Visas By the Numbers

Nonimmigrant (Temporary) Visas

Source: U.S. Dept. of State

Approx. 9.7 million in 2017

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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

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Visas By the Numbers

Refugee / Asylee Admissions

Source: CBD News

1980 Refugee Act

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U.S. IMMIGRATION POLICY:

YESTERDAY AND TODAY

Nogales Border Fence At NightHugh Cabot

OBSERVATIONS QUESTIONS

COMMENTS