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Guide To Immigration & American Culture

Immigration is the movement of people from one nation-state to another. While human migration has existed throughout human history, immigration implies long-term permanent residence (and often eventual citizenship) by the immigrants: tourists and short-term visitors are not considered immigrants (see expatriates). However, seasonal labour migration (typically for periods of less than a year) is often treated as a form of immigration. The global volume of immigration is high in absolute terms, but low in relative terms. The UN estimated 190 million international migrants in 2005, about 3 percent of global population. The other 97 percent still live in the state in which they were born, or its successor state.

Immigration to the United States of America is the movement of non-residents to the United States, and has been a major source of population growth and cultural change throughout much of the American history even though the foreign born have never been more than 16% of the population since about 1675. The economic, social and political aspects of immigration have caused controversy regarding race, ethnicity, religion, economic benefits, job growth, settlement patterns, impact on upward social mobility, levels of criminality, nationalities, political loyalties, moral values, and work habits. As of 2006, the United States accepts more legal immigrants as permanent residents than the rest of the world combined.

U.S. Immigration Overview

Millions of foreign visitors travel to the United States each year. Others come to live here permanently. International visitors and immigrants add greatly to our nation's cultural, education and economic life. 

Visas

If you’re a citizen of a foreign country, in most cases you’ll need a visa to enter the United States.  A visa doesn’t permit entry to the U.S., however. A visa simply indicates that your application has been reviewed by a U.S. consular officer at an American embassy or consulate, and that the officer has determined you’re eligible to enter the country for a specific purpose. Consular affairs are the responsibility of the U.S. Department of State.

A visa allows you to travel to the United States as far as the port of entry (airport or land border crossing) and ask the immigration officer to allow you to enter the country. Only the immigration officer has the authority to permit you to enter the United States. He or she decides how long you can stay for any particular visit. Immigration matters are the responsibility of the U.S. Department of Homeland Security.

Nonimmigrant vs. Immigrant Visas

There are two categories of U.S. visas: nonimmigrant and immigrant.  Nonimmigrant visas are for people with permanent residence outside the U.S. but who wish to be in the U.S. on a temporary basis.  International travelers come to the U.S. for a wide variety of reasons, including tourism, business, medical treatment and certain types of temporary work. The type of visa needed is defined by immigration law, and relates to the principal purpose of your travel. While in the U.S., temporary visitors are restricted to the activity or reason for which their nonimmigrant visa was issued, with few exceptions. 

Immigrant visas are for people who intend to live permanently in the U.S.  In general, in order to be eligible to apply for an immigrant visa, a foreign citizen must be sponsored by a U.S. citizen relative(s) or by a prospective employer. Unlike most other immigrant categories, immediate relatives are not subject to numerical limits under immigration law.  Major immigrant categories are immediate relatives, special immigrants, family-sponsored, and employer-sponsored. 

Naturalization

Naturalization is the process by which U.S. citizenship is conferred upon a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). The general requirements for administrative naturalization include:

  1. a period of continuous residence and physical presence in the United States;
  2. residence in a particular USCIS District prior to filing;
  3. an ability to read, write, and speak English;
  4. a knowledge and understanding of U.S. history and government;
  5. good moral character;
  6. attachment to the principles of the U.S. Constitution; and,
  7. favorable disposition toward the United States.

All naturalization applicants must demonstrate good moral character, attachment, and favorable disposition. The other naturalization requirements may be modified or waived for certain applicants, such as spouses of U.S. citizens.

Understanding U.S. Immigration

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Table of Contents

Employment-Based Immigration

Introduction
Nonimmigrant Visas
     B-1 Business Visitor
     E-1 Treaty Trader
     E-2 Treaty Investor
     E-3 Australians
     F-1 & M-1 Students
     H Temporary Workers
     J-1 & Q-1 Exchange Visitor
     L Intra-Company Transfer
     O Extraordinary Ability
     P Athletes & Entertainers
     R Religious Workers
     TN NAFTA
Visa Waiver Program
Permanent Residence
     EB-1 Priority Workers
     EB-2 Advanced Degree
     EB-3 Skilled Workers
     EB-4 Religious Workers
     EB-5 Investors
     Labor Certifications
     Adjustment of Status
     Consular Processing
     National Interest Waiver
U.S. Citizenship
Regulatory Compliance

Family-Sponsored Immigration

Immigration Overview
Fiance(e) Visa
Permanent Residence
U.S. Citizenship

USCIS
Employer Resources
Laws & Procedures