AN OVERVIEW OF IMMIGRATION LAWAN OVERVIEW OF IMMIGRATION LAWWhere Are We and Where Are We Going?Where Are We and Where Are We Going?

Presented By:Presented By:Attorney David J. LongAttorney David J. Long

Board-Certified Specialist in Immigration LawBoard-Certified Specialist in Immigration Law

October 30, 2008 October 30, 2008 Gate City Rotary ClubGate City Rotary Club

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INTRODUCTIONINTRODUCTIONWhy is the topic of immigration important, Why is the topic of immigration important,

and why should you care?and why should you care?

Our immigration system impacts all Our immigration system impacts all individuals and businesses.individuals and businesses.

The topic of immigration is one of the most The topic of immigration is one of the most contentious topics facing our nation. It is contentious topics facing our nation. It is often characterized by misinformation, fear often characterized by misinformation, fear and demagoguery.and demagoguery.

Most politicians (Republicans and Democrats Most politicians (Republicans and Democrats alike) agree – the current immigration system alike) agree – the current immigration system is broken. They disagree on how to fix it.is broken. They disagree on how to fix it.

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BackgroundBackground

Federal LawFederal Law Immigration & Nationality ActImmigration & Nationality Act Federal Agencies InvolvedFederal Agencies Involved

Department of Homeland SecurityDepartment of Homeland Security U.S. Citizenship & Immigration ServicesU.S. Citizenship & Immigration Services U.S. Customs & Border ProtectionU.S. Customs & Border Protection U.S. Immigration & Customs EnforcementU.S. Immigration & Customs Enforcement

Department of StateDepartment of State Department of LaborDepartment of Labor

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Immigration HierarchyImmigration Hierarchy

UndocumentedUndocumented Non-Immigrant Visa Status Non-Immigrant Visa Status

(Temporary)(Temporary) Immigrant Visa (“Green Card” / Immigrant Visa (“Green Card” /

Permanent Resident)Permanent Resident) U.S. CitizenU.S. Citizen

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Where We Are:Where We Are:The Current Immigration SystemThe Current Immigration System

How do foreign nationals enter the How do foreign nationals enter the United United States?States? Non-Immigrant Visa (Temporary)Non-Immigrant Visa (Temporary) Immigrant Visa (“Green Card”)Immigrant Visa (“Green Card”) UndocumentedUndocumented

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The Current System:The Current System:Non-Immigrant VisasNon-Immigrant Visas

Basic Characteristics:Basic Characteristics: For a specific purposeFor a specific purpose For a limited durationFor a limited duration Employment authorized for some, but not allEmployment authorized for some, but not all

““Alphabet Soup”Alphabet Soup”

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Non-Immigrant VisasNon-Immigrant VisasMost Common CategoriesMost Common Categories

B-1B-1 Temporary visitor for businessTemporary visitor for business

B-2B-2 Temporary visitor for pleasureTemporary visitor for pleasure

E-1E-1 Treaty Trader, Spouse and Derivative Treaty Trader, Spouse and Derivative ChildrenChildren

E-2E-2 Treaty Investor, Spouse and Derivative Treaty Investor, Spouse and Derivative ChildrenChildren

F-1F-1 Academic StudentAcademic Student

H-1BH-1B Specialty OccupationSpecialty Occupation

H-2AH-2A Temporary Agricultural WorkerTemporary Agricultural Worker

H-2BH-2B Temporary Worker (Skilled and Unskilled)Temporary Worker (Skilled and Unskilled)

H-3H-3 TraineeTrainee

J-1J-1 Exchange Visitors / Research ScholarsExchange Visitors / Research Scholars

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Non-Immigrant VisasNon-Immigrant VisasMost Common Categories Most Common Categories (cont.)(cont.)

K-1K-1 FiancFiancé(e) of U.S. Citizené(e) of U.S. Citizen

L-1L-1 Intracompany Transferee (Managers, Intracompany Transferee (Managers, Executives and Specialized Knowledge Executives and Specialized Knowledge Employees)Employees)

O-1O-1 Alien of Extraordinary Ability in the Sciences, Alien of Extraordinary Ability in the Sciences, Arts, Education, Business or AthleticsArts, Education, Business or Athletics

P-1P-1 Individual or Team Athletes or Entertainment Individual or Team Athletes or Entertainment GroupsGroups

R-1R-1 Religious WorkersReligious Workers

TNTN Trade Visas for Mexicans and Canadians in Trade Visas for Mexicans and Canadians in certain designated occupationscertain designated occupations

Visa Visa Waiver Waiver PrograProgramm

Nationals of certain countries exempt from Nationals of certain countries exempt from Non-Immigrant Visa requirementsNon-Immigrant Visa requirements

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The Current System:The Current System:Immigrant VisasImmigrant Visas

Avenues to Acquire Permanent Avenues to Acquire Permanent Resident Status:Resident Status: Family-BasedFamily-Based Employment-Based / Labor CertificationEmployment-Based / Labor Certification Diversity Visa LotteryDiversity Visa Lottery Asylee / RefugeeAsylee / Refugee RegistryRegistry

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Immigrant VisasImmigrant VisasFamily-Based ImmigrationFamily-Based Immigration

Key Concepts:Key Concepts: Close Family Relationship RequiredClose Family Relationship Required Petition-Based ProcessPetition-Based Process Problem of Illegal EntryProblem of Illegal Entry 33-Year & -Year & 1010-Year Bars for Unlawful -Year Bars for Unlawful

PresencePresence Extensive Backlogs for Many CategoriesExtensive Backlogs for Many Categories

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Immigrant Visas:Immigrant Visas:Which Family Relationships Which Family Relationships

Qualify?Qualify?PetitionerPetitioner BeneficiaryBeneficiary CategoryCategory Cut-Off Dates Cut-Off Dates

(11/2008)*(11/2008)*

U.S. U.S. CitizenCitizen

Spouse, Parents, Spouse, Parents, Unmarried Children Unmarried Children (under 21)(under 21)

Immediate Immediate RelativeRelative

No Backlogs / No Backlogs / No Annual No Annual LimitsLimits

Unmarried Sons & Unmarried Sons & Daughters (over 21)Daughters (over 21)

11stst 5/1/20025/1/2002

Married Sons & Married Sons & DaughtersDaughters

33rdrd 7/1/20007/1/2000

Brothers & SistersBrothers & Sisters 44thth 11/15/199711/15/1997

Lawful Lawful Permanent Permanent ResidentResident

Spouse & Unmarried Spouse & Unmarried Children (under 21)Children (under 21)

22AA 2/8/20042/8/2004

Unmarried Sons & Unmarried Sons & Daughters (over 21)Daughters (over 21)

22BB 1/15/20001/15/2000*For Beneficiaries born in all countries except China, India, Mexico and the Philippines

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Immigrant VisasImmigrant VisasEmployment-Based ImmigrationEmployment-Based Immigration

Key Concepts:Key Concepts: Employer Required in Most CasesEmployer Required in Most Cases Petition-Based ProcessPetition-Based Process Labor Certification (“PERM”)Labor Certification (“PERM”) Problem of Illegal EntryProblem of Illegal Entry Extensive Backlogs for Many CategoriesExtensive Backlogs for Many Categories

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Immigrant VisasImmigrant VisasEmployment-Based CategoriesEmployment-Based CategoriesCategoryCategory DescriptionDescription Cut-Off Dates Cut-Off Dates

(11/2008)*(11/2008)*

EB-1EB-1 Persons of Extraordinary AbilityPersons of Extraordinary AbilityOutstanding Researchers & Outstanding Researchers & ProfessorsProfessorsMultinational Managers and Multinational Managers and ExecutivesExecutives

CurrentCurrent

EB-2EB-2 Professionals Holding Advanced Professionals Holding Advanced DegreesDegreesPersons of Exceptional AbilityPersons of Exceptional Ability

CurrentCurrent

EB-3EB-3 ProfessionalsProfessionalsSkilled WorkersSkilled WorkersOther WorkersOther Workers

5/1/2005 5/1/2005

Other Workers: Other Workers:

1/15/20031/15/2003

EB-4EB-4 Special Immigrant Religious Special Immigrant Religious WorkersWorkersOther Special ImmigrantsOther Special Immigrants

CurrentCurrent

Religious Religious Workers: Workers:

UnavailableUnavailable

EB-5EB-5 Employment Creation InvestorsEmployment Creation Investors CurrentCurrent

*For Beneficiaries born in all countries except China, India, Mexico and the Philippines

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Immigrant VisasImmigrant VisasLabor Certification (“PERM”)Labor Certification (“PERM”)

Offer of Full-Time, Permanent Employment Offer of Full-Time, Permanent Employment RequiredRequired

Employer Must Advertise the JobEmployer Must Advertise the Job Minimum education, training and work experience Minimum education, training and work experience

requirementsrequirements Employer Must Demonstrate Non-Availability Employer Must Demonstrate Non-Availability

of U.S. Workers for the Job Position Being of U.S. Workers for the Job Position Being OfferedOffered Applicants can only be rejected for lawful, job-Applicants can only be rejected for lawful, job-

related reasonsrelated reasons Employers must show good faith recruitment Employers must show good faith recruitment

effortsefforts The Role of the Department of LaborThe Role of the Department of Labor

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Where We Are Going:Where We Are Going:Hot Topics for North CarolinaHot Topics for North Carolina

Growing Immigrant PopulationGrowing Immigrant Population CIS Offices – Charlotte & DurhamCIS Offices – Charlotte & Durham New Immigration Court – CharlotteNew Immigration Court – Charlotte

Driver’s LicensesDriver’s Licenses 287(g) Program (Alamance, Cabarrus, 287(g) Program (Alamance, Cabarrus,

Cumberland, Durham - City, Gaston, Cumberland, Durham - City, Gaston, Henderson, Mecklenburg, Wake)Henderson, Mecklenburg, Wake)

Community College Admissions PolicyCommunity College Admissions Policy

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Where We Are Going:Where We Are Going:Hot Topics Around the NationHot Topics Around the Nation

Worksite EnforcementWorksite Enforcement I-9 AuditsI-9 Audits Shift to E-Verify SystemShift to E-Verify System SSA “No Match” RuleSSA “No Match” Rule High-Profile ICE RaidsHigh-Profile ICE Raids

Comprehensive Immigration ReformComprehensive Immigration Reform

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The Need for Comprehensive The Need for Comprehensive Immigration ReformImmigration Reform

Extensive backlogsExtensive backlogs 10-12 Million undocumented aliens10-12 Million undocumented aliens Border SecurityBorder Security Enforcement of Existing LawsEnforcement of Existing Laws Temporary Worker ProgramTemporary Worker Program Obama v. McCainObama v. McCain

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ResourcesResources

www.longchangonline.com www.longchangonline.com ““Newsflash Feature for Current Immigration Newsflash Feature for Current Immigration

NewsNews Articles & NewslettersArticles & Newsletters Overview of Temporary and Permanent Visas, Overview of Temporary and Permanent Visas,

Labor Certification, Citizenship, etc.Labor Certification, Citizenship, etc. Processing TimesProcessing Times

www.uscis.gov (U.S. Citizenship & www.uscis.gov (U.S. Citizenship & Immigration Immigration Services)Services)

www.dol.gov (U.S. Department of Labor)www.dol.gov (U.S. Department of Labor)

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QuestionsQuestions

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