United States Imigration Law Essay Research Paper

United States Imigration Law Essay, Research Paper

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US in-migration jurisprudence is arguably the most complex in the World with 53 different types of non-immigrant visas and a figure of ways of deriving lasting abode ( the & # 8220 ; Green Card & # 8221 ; ) . For many people it is a hard and drawn-out procedure deriving a & # 8220 ; Green Card & # 8221 ; on an initial footing. It is often far better to use for one of the non-immigrant visas and so use for an accommodation of position to & # 8220 ; lawful lasting abode & # 8221 ; .

I do non suggest to cover every imaginable type of visa available but to seek and cover the more common types.

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WORK RELATED NON-IMMIGRANT VISAS

The H Non-Immigrant Visas

There is the H-1B visa for a & # 8220 ; forte business & # 8221 ; as a & # 8220 ; specializer cognition worker & # 8221 ; . This is usually for person who is a alumnus or alumnus equivalent and allows entry into the US for up to six old ages to work for a company in the US. The inquiry of & # 8220 ; alumnus equivalent & # 8221 ; is much misunderstood as there are many non-graduates with a decently documented instance who may be able enter the United states on this footing.

It is an indicant of the demand for professionally trained nurses in the US that there is even a peculiar visa, the H-1A to cover this. The general demands are that you should hold a & # 8220 ; license & # 8221 ; or equivalent to rehearse and are to the full qualified to prosecute in your intended employment.

The H-2B visa allows entry for both skilled or unskilled plants. The chief demand is that one needs to adhere to what is called & # 8220 ; labour enfranchisement & # 8221 ; to demo that there are no unemployed but qualified American citizens or lasting occupants who can make full the vacancy. It is non usually permitted to use for lasting abode after entry on this peculiar visa.

The H-3 visa is for developing that should be of usage outside the US. If possible the preparation should be of a type that will use your present experience and makings and/or hereafter proposed employment. It would besides be utile to demo that there is some signifier of benefit to the US employer. There is besides the H-2A for agricultural workers.

The E Non-Immigrant Visas

The E-1 Treaty Trader visa is for person who will be an employee of a concern where there is & # 8220 ; significant trade & # 8221 ; between the UK and the US. The E-2 Treaty Investor visa is for person who is an employee of a concern where there has been significant investing from a UK concern or man of affairs. These are the lone non-immigrant visas that allow for extensions indefinitely ( evidently non the same as a & # 8220 ; Green Card & # 8221 ; ) .

The L-1 Non-Immigrant Visa

If your employer or a company in the US have an & # 8220 ; affiliate & # 8221 ; or & # 8220 ; subordinate & # 8221 ; in either state there is the L-1 Intra-Company Transferee visa. The chief demand is that you should be a director or executive or an employee with specialized cognition. This allows entry for between five and seven old ages depending on the type of employment.

The J-1 Non-Immigrant Visa

The purpose of this programme is to further international dealingss by conveying exchange visitants into the US to get accomplishments that can be utilised in their place state. These programmes need to be designated by the United States Information Agency. If you wish to work for a short period of clip, the easiest method may be on a J-1 exchange visitant visa. However if you wish to use for a & # 8220 ; more lasting & # 8221 ; non-immigrant visa at a ulterior day of the month or lasting abode, depending on the strategy, there may be jobs.

Other Non-Immigrant Visas

I: Representative of foreign information media

Garand rifle: Vocational or other recognized non-academic pupil

O-1: Foreigners with extraordinary ability in scientific disciplines, humanistic disciplines, instruction, concern or sports

P-1 to P-3: Athletes or entertainers

Q-1: International Cultural Exchange Programme

R-1: Religious Occupation

BUSINESS NON-IMMIGRANT VISAS

The L-1 Non-Immigrant Visa

This is usually used for an employee as an & # 8220 ; Intra Company Transferee & # 8221 ; , nevertheless under certain fortunes proprietors, shareholders, or spouses in an administration will be able to take advantage of this. At the same clip such an application is slightly more complex.

The E Non-Immigrant Visas

The E-1 visa can be utilised by UK subjects and certain other subjects for a concern where you will be prosecuting in significant trade with the UK ; this usually means at least 50 per centum of the trade should be between the US and the UK ( or a state that has the relevant international trade understanding with the US ) . The investing degree may be really little so and may merely be a few 10s of 1000s of US dollars or less.

The E-2 visa has the same demands as the E-1 with regard to nationality but is concerned with a & # 8220 ; significant investing & # 8221 ; being made in the US. This is likely to be in the part of at least US $ 50,000 and it is preferred that there is occupation creative activity for US subjects or lasting occupants.

These are the lone non-immigrant visas that

allow for extensions indefinitely.

Visitors

Nothing is so simple but can be so complex as a visitant visa application. There are two types of visas the B-1 visitant for Business and B-2 visitant for pleasance. The B-1 visa can be utilised for concern visitants traveling to the US in connexion with their abroad employment or concern. The chief demand is that you are non paid from a US beginning.

The B-2 visitant visa is for tourers or for wellness grounds or short term survey and certain other short-run activities. There are no fortunes under which a B-2 visitant can be employed.

A period of up to six months is usually granted on entry with the possibility of extensions if required.

Students

The F-1 Non-Immigrant Visa

This is available for foreign pupils coming for a full-time class of survey. The chief demands are that you are accepted by an educational establishment and handiness of financess to cover the costs of instruction. It is permitted that you can prosecute in on-campus employment as a pupil and perchance off-campus after the first twelvemonth.

Permanent RESIDENCE ( & # 8221 ; GREEN CARD & # 8221 ; )

You may use merely on the footing of in-migration to the US that are popularly known as the & # 8220 ; Green Card & # 8221 ; . This is a longer procedure and the demands are usually more rigorous than the above non-immigrant visas.

EMPLOYMENT RELATED

The general demand is & # 8220 ; labour enfranchisement & # 8221 ; where one shows that there are no US workers who can make full the vacancy. Besides that this will non adversely affect the rewards and working conditions of workers in the US.

There are certain types of employment that do non necessitate full labour enfranchisement.

Physical Therapists

The demand is usually a missive from the State Physical Therapy Licensing Official saying that you meet all the makings to take the licensing tests are required.

Professional Nurses

The demand is either that you have passed the Commission on Graduates of Foreign Nursing Schools ( CG FNS ) scrutiny or have a licence to rehearse in the peculiar State.

Foreigners of Exceptional Ability in Sciences Or Humanistic disciplines

This is for person who has recognised outstanding public presentation good above the criterion for professional competency in a given business. It is peculiarly of import that the certification is prepared carefully in such applications.

Other Occupations

Preference is besides given to certain transnational executives and directors, foreigners who are members of the professions keeping advanced grades, skilled workers, Professionals and Other workers and certain particular immigrants. Depending on your peculiar instance, it may still be appropriate to use for lasting abode instantly.

Entrepreneurs

The general demand is an investing of one million dollars, creative activity of 10 new occupations and will profit the US Economy. In rural countries with a high unemployment rate the investing degree can be half a million US dollars.

Relative

The US in-migration system permits entry of fiance/es, partners, dependent kids of US citizens or lasting occupants. An application on the footing of matrimony can be complex, particularly in instances where the matrimony is rather recent.

The K-1 Non-Immigrant Visa

There is the K-1 non-immigrant visa for fiance/es, which is similar in complexness to a matrimony application. This visa is slightly unusual in that the sum of certification and inside informations required are at about the same degree as for a request for & # 8220 ; conditional lasting abode & # 8221 ; or & # 8220 ; lasting abode & # 8221 ; based on matrimony. It is usually expected that you will get married within 90 yearss of reaching to the US. Besides, you should hold met your hereafter partner within the last two old ages. After you are married, you may so use for & # 8220 ; conditional lasting abode & # 8221 ; in the US.

Permanent Residence through Spouse

If you marry before entry to the US, depending on the fortunes you may use for & # 8220 ; conditional lasting abode & # 8221 ; which is granted for two old ages or & # 8220 ; lasting abode & # 8221 ; . If the matrimony was entered into less than two old ages ago you may merely use for & # 8220 ; conditional lasting abode & # 8221 ; ; this class was created by the Immigration Marriage Fraud Amendments of 1986. If you are granted & # 8220 ; conditional lasting abode & # 8221 ; , an application for remotion of this status must be filed during the 90 yearss prior to the terminal of the two old ages.

Other Relatives

Besides included are single kids of a US citizen or lasting occupant over 21 old ages of age. Equally long as the US citizen is over 21, they can petition for their parents to come in the US. Lower precedence is given to married boies and girls of US citizens or brothers and sisters of US citizens and the visa processing times can be incredibly long.

United States Imigration Law Essay Research Paper

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