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Immigration Primer for Universities

Immigration Primer for Universities. CHALLA LAW OFFICES, PLC Providing legal strategies to achieve global connectivity. Overview _____________________________________________________. Introduction to Immigration Terms and Basic Processing

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Immigration Primer for Universities

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  1. Immigration Primer for Universities CHALLA LAW OFFICES, PLC Providing legal strategies to achieve global connectivity

  2. Overview_____________________________________________________Overview_____________________________________________________ Introduction to Immigration Terms and Basic Processing All the (immigration) problems we face in the United States today can be traced to an unenlightened immigration policy on the part of the American Indian. Pat Paulsen CHALLA LAW OFFICES, PLC Providing legal strategies to achieve global connectivity

  3. Legislative Authority__________________________________________ THE IMMIGRATION AND NATIONALITY ACT (8 U.S.C. §1101 et seq.), amendments: • The Immigration and Reform Control Act of 1986 • Immigration Act of 1990 Antiterrorism and Effective Death Penalty Act of 1996 • Illegal Immigration Reform and Immigrant Responsibility Act of 1996 • USA PATRIOT Act CHALLA LAW OFFICES, PLC Providing legal strategies to achieve global connectivity

  4. Statutes: Title 8 - Aliens & Nationality Title 18 – Crime Title 22 – Foreign Relations Title 26 – IRC Title 29 – Labor Title 42 – Public Health & Welfare Regulations: 8 C.F.R. – Immigration 20 C.F.R. § 655 – Employment of Foreign Nationals 22 C.F.R. – DOS Regulations Other Guides: Foreign Affairs Manual DHS Operating Instructions DOS Cables USCIS Memoranda & Legal Opinions Visa Bulletin Statues, Regulations & Other Studies_________________________________________ CHALLA LAW OFFICES, PLC Providing legal strategies to achieve global connectivity

  5. Terms & Definitions_________________________________________ • STATUS CATEGORIES • Alien • Permanent Resident • Citizen • National • U.S. Territories & Commonwealths • Immigrant • Nonimmigrant • Asylum CHALLA LAW OFFICES, PLC Providing legal strategies to achieve global connectivity

  6. Terms and Definitions____________________________________________________ • STATUS DOCUMENTS • Passport • Visa • I-94 Arrival Departure Card • I-797 Receipt Notice or Approval Notice CHALLA LAW OFFICES, PLC Providing legal strategies to achieve global connectivity

  7. Terms and Definitions____________________________________________________ • REVISING STATUS • Adjustment of Status • Changing Status • Extension of Status • Naturalization CHALLA LAW OFFICES, PLC Providing legal strategies to achieve global connectivity

  8. What is a Visa?___________________________________ • Sticker in passport; issued by a U.S. Consulate abroad. Cannot be obtained in the U.S. • Need only be valid at the time of entry to the U.S. CHALLA LAW OFFICES, PLC Providing legal strategies to achieve global connectivity

  9. This visa?

  10. Or this visa?

  11. What is an I-94 Card?___________________________________ • White card: Arrival/Departure record • Issued by the immigration officer upon admission to the U.S. • Endorsed to reflect status and length of admission to the U.S. CHALLA LAW OFFICES, PLC Providing legal strategies to achieve global connectivity

  12. F-1 I-94 Card

  13. J-1 I-94 Card

  14. What is an I-797 Notice of “some” action by the USCIS Receipt Notice-I-797C Request for additional information-I-797C Approval Notice-I-797A or B

  15. I-797 Approval Notice

  16. I-797 C-Receipt Notice

  17. Agencies Involved________________________________________ • Department of Homeland Security (DHS) • United States Citizenship and Immigration Service (USCIS) • Immigration and Customs Enforcement (ICE) • Bureau of Customs and Border Protection (CBP) • Department of Labor (DOL) • Department of State (DOS) CHALLA LAW OFFICES, PLC Providing legal strategies to achieve global connectivity

  18. Role of Department of Homeland Security_________________________________________ • Admitting aliens at Port of Entry • Adjudicating immigrant and non-immigrant visa petitions and related applications • Determining naturalization eligibility • Enforcing borders • Investigating and prosecuting immigration violations CHALLA LAW OFFICES, PLC Providing legal strategies to achieve global connectivity

  19. Role of Department of Labor _________________________________________ • Processing LCA applications • Adjudicating labor certification applications • Investigating and prosecuting violations CHALLA LAW OFFICES, PLC Providing legal strategies to achieve global connectivity

  20. Role of State Department _________________________________________ • Issuing visa stamps • Adjudicating non-petition visas • Determining inadmissibility • Administering J-1 programs CHALLA LAW OFFICES, PLC Providing legal strategies to achieve global connectivity

  21. Means of Entering in the U.S.______________________________________________________ • NONIMMIGRANT VISA • IMMIGRANT VISA CHALLA LAW OFFICES, PLC Providing legal strategies to achieve global connectivity

  22. Non Immigrants _________________________________________ • Coming to U.S. temporarily • Most work visas require advance petition approval by USCIS • Role of American Embassy, or Consulate in issuing visa • Role of Border and Customs Protection Inspector at point of entry CHALLA LAW OFFICES, PLC Providing legal strategies to achieve global connectivity

  23. Nonimmigrant Classifications______________________________________________________ • B-1 – Temporary Business Visitors • B-2 – Tourists • F-1 – Students • H-1B/H-4 – Temporary Specialty Workers • J-1 – Exchange Visitors • TN – NAFTA Professionals • L-1 – Intra-company Transfers • O – Extraordinary Athletes, Artists, & Scientists • P – Internationally Recognized Athletes & Artists CHALLA LAW OFFICES, PLC Providing legal strategies to achieve global connectivity

  24. Non Immigrant StatusF-1 __________________________________________ Academic student Duration: Duration of program. Requirements: Must have foreign residence with intent to return. Must seek to enter U.S. temporarily and solely for the purpose of pursuing such a course of study. Must also prove sufficient financial support and be proficient in English. Restrictions: Can only work pursuant to F-1 status. Dependents: Family members may enter under F-2 status. They may not attend school; child may attend elementary through 12th grade. CHALLA LAW OFFICES, PLC Providing legal strategies to achieve global connectivity

  25. Non Immigrant StatusJ-1 __________________________________________ Exchange Visitor Duration: Duration of program Requirements: Requirements vary by program: researcher, trainee/ intern, etc. Home country residency requirement. Restrictions: They may be subject to 2 year home residency requirement that requires a J-1 visitor to return to his or her home country for a 2 year period before eligibility status in the U.S. or to adjust status to permanent resident of the U.S. Dependents: Spouse and minor children are classified as J-2. They may accept paid employment for their own support provided the employment is authorized by USCIS. CHALLA LAW OFFICES, PLC Providing legal strategies to achieve global connectivity

  26. Non Immigrant StatusH-1B __________________________________________ Temporary employment in specialty occupations Duration: 3 years, extension to maximum of 6 years; may extend past 6th yr. under certain circumstances Requirements: Occupation must require theoretical and practical application of highly specialized knowledge. Also requires a bachelor’s degree or equivalent in the specific specialty. Restrictions: Annual numerical cap on H-1B applications. H-1B must remain employed to maintain lawful status. Dependents: Spouse and minor children classified as H-4. However the dependents cannot work in the U.S. on H-4 status. CHALLA LAW OFFICES, PLC Providing legal strategies to achieve global connectivity

  27. Non Immigrant StatusB-1 __________________________________________ Temporary Visa for professional activities related to business abroad Duration: “Reasonable” period of time for completion Requirements: Must also provide evidence of intent to return to home country. Must show a permissible business activity, as well as financial means to ensure no need for employment while in the U.S. Restrictions: Cannot undertake employment in the U.S. company. CHALLA LAW OFFICES, PLC Providing legal strategies to achieve global connectivity

  28. Non Immigrant StatusB-2 __________________________________________ Temporary Visa for personal reasons Duration: Varies dependent upon reason for entering Requirements: Must also provide evidence of intent to return to home country. Restrictions: Cannot undertake employment in the U.S. Company. CHALLA LAW OFFICES, PLC Providing legal strategies to achieve global connectivity

  29. Non Immigrant StatusE-1/E-2__________________________________________ Used to carry on international trade (E-1) or investment (E-2) between U.S. and a foreign state Duration: 2 years with 2 year extensions Requirements: Cannot engage in productive employment unless it is incidental and necessary to the training and pursuing a career outside of the U.S. CHALLA LAW OFFICES, PLC Providing legal strategies to achieve global connectivity

  30. Non Immigrant StatusO-1 __________________________________________ Persons with extra-ordinary ability in science, art, education, business or athletics Requirements: Must seek to enter for the purpose of continuing the type of work. Must also only be a temporary intent to remain. Restrictions: Applicant cannot petition for himself. Automatically revoked if underlying employer goes out of business. CHALLA LAW OFFICES, PLC Providing legal strategies to achieve global connectivity

  31. Non Immigrant StatusH-3 __________________________________________ Temporary worker invited for the purpose of receiving instruction/training Duration: Length of training, not to exceed 2 years Requirements: Cannot engage in productive employment unless it is incidental and necessary to the training and pursuing a career outside of the U.S. CHALLA LAW OFFICES, PLC Providing legal strategies to achieve global connectivity

  32. Non Immigrant StatusTN __________________________________________ Visas for Canadians and Mexicans to work temporarily in the U.S. Duration: 1 year Requirements: Must engage in “activities at a professional level”, which is defined as at least a Baccalaureate degree, or appropriate credentials demonstrating status as a professional. Restrictions: Must not have intent to immigrate. Limited to specific named categories of professions. Dependents: Spouse and unmarried children under 21 may enter under TD-1 and TD-2 visas. CHALLA LAW OFFICES, PLC Providing legal strategies to achieve global connectivity

  33. Immigrant Visa Process_______________________________________________________ • Family Based • Employment Based • Diversity Lottery • Asylum CHALLA LAW OFFICES, PLC Providing legal strategies to achieve global connectivity

  34. Family Based Immigration(INA§ 203(a)) • Immediate Relatives Include spouses, parents, and unmarried minor children of U.S. citizens; They are exempt from quotas. • Quota – 480,000 minus number of immediate relatives and children born to permanent residents in the preceding fiscal year, plus any employment-based visas that were available but not used in the preceding fiscal year CHALLA LAW OFFICES, PLC Providing legal strategies to achieve global connectivity

  35. Employment Based Immigration(INA § 203(b)) 5 Preference Categories: • Priority Workers • Members of the Professions Holding Advanced Degrees or Aliens of Exceptional Ability • Skilled Workers, Professionals, and Other Workers • Certain Special Immigrants • Employment Creation CHALLA LAW OFFICES, PLC Providing legal strategies to achieve global connectivity

  36. Permanent Resident Card

  37. Special status classifications Asylee Refugees TPS Undocumented Adjustees Receipt Notices

  38. Providing legal strategies to achieve global connectivity CHALLA LAW OFFICES, PLC 200 Westgate Parkway Suite 103 Richmond, Virginia 23233 804.360.8482/p, 804.360.8482/f www.challalaw.com info@challalaw.com CHALLA LAW OFFICES, PLC Providing legal strategies to achieve global connectivity

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